Pinkbike's DH Fantasy League - 2024 Terms & Conditions

Mar 18, 2024
by Pinkbike Staff  
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2024 Pinkbike DH Fantasy League Contest Official Rules
OFFICIAL RULES



NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: Anyone can participate in the Pinkbike Fantasy Downhill League Game but the The Pinkbike Fantasy Downhill League Contest whereby participants can win prizes (“Contest”) is open only to legal residents of Australia, Canada (except the Province of Québec), Germany, United Kingdom, and 50 United States and District of Columbia who are 18 years of age or older or the age of majority in their jurisdiction of residence whichever is older (“Entrant”). The following are not eligible: officers, directors and employees of Outside Interactive, Inc. (“Sponsor”), Fireroad Holdings Inc. (“Pinkbike”), Probability LLC (“Administrator”), Adidas® (“Prize Provider”), and (as applicable) 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). Sponsored Athletes, Brand Ambassadors and Influencers with partnerships with Adidas® Brands are able to participate in the league but are not eligible to win any prizing. Offered only in the above-indicated jurisdictions. Void elsewhere and where prohibited. All applicable federal, state, provincial and local laws apply.

CONTEST PERIOD: The Game begins on 18 March 2024 at 09:00:01. Pacific Daylight Savings Time (“PDT”)** and ends on 6 October 2024 at 23:59:59 PDT,(“Contest Period”).
**Contest Period begins on 18 March 2024 at 16:00:01 Coordinated Universal Time (UTC) and ends on 6 October 2024 at 6:59:59 UTC. It is the sole responsibility of the entrant to determine the applicable time in their jurisdiction of residence.

OBJECTIVE OF THE CONTEST:

Participants in the Contest (“Player,” “Participant” or “Entrant”) try to accumulate the most points by selecting a “Team” comprised of professional downhill (“DH”) mountain bike racers. Points are awarded based on the
performance of DH mountain bike racers on one’s Team in actual sanctioned cycling competitions.

HOW TO PARTICIPATE:
Sign-up:
To participate in the Contest, visit www.pinkbike.com (“Website”) to log into your free Pinkbike account (“Account”). If you do not have an Account, you can create a free Pinkbike account by visiting https://www.pinkbike.com/user/signup/ and following the on-screen instructions. If you do have an Account, you are advised to review your Account information to assure that it is complete and current. After you have created (or reviewed) your Account, you can participate during the Contest Period at the Website by following the on-screen instructions to participate in the Contest. You must agree to Pinkbike Terms of Use which can be found by logging onto http://www.pinkbike.com/about/legal/#terms-of-use.

Select Your Team:
Each participant has a budget of 1,500,000 “dollars” to be used to build their Team with DH mountain bike racers. For clarity, “dollars” are NOT actual currency/legal tender, have no cash value and are to be used by a participant solely for the purpose of creating/maintaining their Team and participating in the Contest in accordance with these Official Rules. “Dollars” are not transferable and cannot be (a) pooled or shared among participants or (b) purchased, sold, given or exchanged from one participant to another. Sponsor and Pinkbike have not granted any property right or ownership interest in “dollars” to the participant under any legal theory.

Any unused “dollars” are void and forfeited.
Create your Team by following the instructions in the How To Play section on the Website.** Each DH mountain bike racer has an established value in “dollars” which you can view by clicking the “Pick WC Racer” button next to the DH mountain bike racer. (Such values have in all cases been set by Pinkbike at its sole discretion.) You must not exceed your budget of 1,500,000 “dollars” when selecting your Team or at any other time during participation in the Contest. You must save your Team selection after you are done by following the on-screen instructions on the Website. SEE WEBSITE FOR INSTRUCTIONS ON CHOOSING YOUR TEAM/SELECTING DH MOUNTAIN BIKE RACERS FOR YOUR TEAM AND ALL DEADLINES**In all cases, the instructions on the Website (including but not limited to the How To Play section of the Website) are made a part of these Official Rules and incorporated herein by reference. Should there be any inconsistency between the instructions on the Website and these Official Rules, the instructions on the Website shall prevail, govern and control only with respect to the element of Contest play in question and, in all other regards, these Official Rules will prevail, govern and control.

Manage Your Team:
The Contest will be conducted over a series of eight ( 8 ) rounds: during each round, a different DH mountain bicycle racing competition will be held. You can make as many changes as you like for each upcoming round by following the onscreen instructions on the Website, as long as you stay within your available budget and do not exceed the maximum of 1,500,000 “dollars” at any time. For the initial round, Team changes are permitted up until 4 May 2024. After that time, your selections are locked in for the first round of the Contest. For each of the remaining seven (7) rounds, follow the same procedure set forth in Select Your Team to create your Team for the upcoming round, adding and dropping DH mountain bike racers as preferred. Again, your Team must stay within the available budget of 1,500,000 “dollars” at all times. The Website will state the corresponding deadline for selecting a Team for each upcoming round.

Your team will be automatically updated to make sure it is within the 1.5 million dollar budget.

The team that you choose for one round could be out of your budget for the next round. Initial rider pricing is based on historical results and insider info, but from the second round on, it will be based on the results from the previous round. If your team's budget gets pushed beyond the salary cap due to the change of rider prices, your most expensive rider will automatically be replaced with the least expensive rider. If your team is still over the budget cap, your next most expensive rider will automatically be swapped for the least expensive rider. You can then choose to go and reallocate the budget and make changes as needed. You will have to build a new team each round before Qualifying starts based on the new pricing

See Website for 2024 DH RACE SCHEDULE. Participants are prohibited from using multiple names, email addresses, or any other means to participate in this Contest. Any attempt to do so is grounds for disqualification. Use of any macro, bot, script or other automated means to participate in this Contest is prohibited. Proof of submission is not proof of receipt. Sponsor's database computer is the official time-keeping device for the Contest. 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 a participant , entry will be deemed submitted by the authorized account holder of the email address associated with the Account used to participate in the Contest. "Authorized account holder" is defined as the natural person who is assigned to an email address. The Sponsor’s/Pinkbike’s decisions are final and binding on all matters relating to the Contest.

WINNER DETERMINATION, TIE ENTRIES, AND NOTIFICATION: For each round of the Contest, your Team will earn points based upon the final placing of the DH mountain bike racers on your Team in the corresponding mountain bike racing competition for that round as per the official sanctioning body for DH racing. See Website for a Points chart. The participant with the highest total number of points for any round will win that Individual round’s prize. The participant with the highest cumulative points for all eight ( 8 ) rounds will win the Grand Prize. Winners will be determined at Sponsor’s address (set forth below) or another location selected by Sponsor in its sole discretion.

Any Leaderboard or ranking of participants is intended purely for informational and entertainment purposes and is not binding upon Sponsor, Pinkbike and/or Administrator under any legal theory. Sponsor/Pinkbike/Administrator make no representation or warranty as to the currency or accuracy of any information on a Leaderboard/ranking at any given time during the Contest and expressly reserve the right to adjust and/or correct any error/omission as to information on a Leaderboard or ranking without liability of any kind under any legal theory by providing notice to such effect to the participants in question. Without limiting the foregoing, a given participant is not the potential winner of any prize unless and until they have been notified personally to such effect as set forth below, notwithstanding the contents of any final Leaderboard or ranking for a given round or overall.

Tie Entries: If there are multiple participants with the same number of points for the first round, all such participants will be contacted by the Administrator via email and will be asked to submit a 200 - 300 word essay describing who is your favorite Downhill racer and why?, by following the instructions on the email (“Tie-Breaker Essay”). The Tie-Breaker Essay will be judged by the Administrator on the following criteria: Originality (25%), creativity (25%), and relevance to the theme of Fantasy League (50%). The tied participant with the highest score will be determined as the potential winner for the applicable round. For round #2, if there are multiple participants with the same number of points, prize winner will be determined based on the highest number of points received for round #1; For the round #3, if there are multiple participants with the same number of points for this round, prize winner will be determined based on the highest number of points received for round #1, and if the participants have the same number of of points for round #1 also, then the prize winner will be determined based on the highest number of points received for round #2. For the round #4, if there are multiple participants with the same number of points for this round, prize winner will be determined based on the highest number of points received for round #1, and if the participants have the same number of of points for round #1 also, then the prize winner will be determined based on the highest number of points received for round #2, and if the participants have the same number of of points for round #2 also, then the prize winner will be determined based on the highest number of points received for round #3. For the round #5, if there are multiple participants with the same number of points for this round, prize winner will be determined based on the highest number of points received for round #1, and if the participants have the same number of of points for round #1 also, then the prize winner will be determined based on the highest number of points received for round #2, and if the participants have the same number of of points for round #2 also, then the prize winner will be determined based on the highest number of points received for round #3, and if the participants have the same number of of points for round #3 also, then the prize winner will be determined based on the highest number of points received for round #4. For the round #6, if there are multiple participants with the same number of points for this round, prize winner will be determined based on the highest number of points received for round #1, and if the participants have the same number of of points for round #1 also, then the prize winner will be determined based on the highest number of points received for round #2, and if the participants have the same number of of points for round #2 also, then the prize winner will be determined based on the highest number of points received for round #3, and if the participants have the same number of of points for round #3 also, then the prize winner will be determined based on the highest number of points received for round #4, and if the participants have the same number of of points for round #4 also, then the prize winner will be determined based on the highest number of points received for round #5. For the round #7, if there are multiple participants with the same number of points for this round, prize winner will be determined based on the highest number of points received for round #1, and if the participants have the same number of of points for round #1 also, then the prize winner will be determined based on the highest number of points received for round #2, and if the participants have the same number of of points for round #2 also, then the prize winner will be determined based on the highest number of points received for round #3, and if the participants have the same number of of points for round #3 also, then the prize winner will be determined based on the highest number of points received for round #4, and if the participants have the same number of of points for round #4 also, then the prize winner will be determined based on the highest number of points received for round #5; and if the participants have the same number of of points for round #5 also, then the prize winner will be determined based on the highest number of points received for round #6. Grand Prize, if there are multiple participants with the same number of cumulative points for all rounds, Grand Prize winner will be determined based on the highest number of points received for round #1; if the participants have the same number of points for round #1, then the Grand Prize winner will be determined based on the highest number of points for round #2, and so on.

The winners will be notified within five (5) days from the date the winner is determined using the contact information in their Account . 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; that is, the participant with the next highest point total for the applicable round or overall (as the case may be). 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 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 the prize may be awarded to an alternate winner. United Kingdom residents, see also Section 21.

PRIZES AND THEIR APPROXIMATE RETAIL VALUES (“ARV”):
Eight ( 8 ) Individual round prizes: A Five Ten Prize Pack: Each prize pack will consist of the following: Two (2) pairs of Adidas Five Ten shoes and one athlete signed jersey (ARV: $360.00 USD per prize pack). The participant who earns the highest points during each round will win the individual round prize. Sponsor/Pinkbike will determine the specific type of shoes awarded and the athlete that signs the jersey in an Individual round prize. This prize is subject to availability as to style, size and color.
One (1) Grand prize: $5,000 USD Cash prize awarded as a check in the Grand Prize winner’s name. Winners outside of the United States will receive the cash prize in their local currency as of the date of prize award according the current foreign exchange rate as follows:


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Sponsor will also make a $5,000 USD donation to one (1) of the following three organizations at Grand Prize Winner’s choice: Grow Cycling Foundation, or Trash Free Trails or the Athlete Recovery Fund. The donation will be made in the honor of the Grand Prize Winner. Grand Prize winner will Grow Cycling Foundation is an IRS 501c(3) charitable entity, with an address of 550 N. Central Expressway, McKinney, TX 75070 USA, https://growcyclingfoundation.org. For clarity, Sponsor will make the donation to Grow Cycling Foundation and will receive any and all tax deductions and other charitable benefits in conjunction therewith. If the Grand Prize winner is from Australia, Canada, Germany or the UK, s/he will have to provide their bank wire transfer information at a duly licensed financial institution in order to receive the Grand Prize. If the Sponsor/Pinkbike or Administrator is not able to award the GrandPrize due to the winner not providing bank wire information upon request (or the financial institution not being licensed in accordance with applicable law) or the winner not being able to deposit or cash the check sent by the Sponsor or Administrator, the prize may be substituted for another prize (as selected by the Sponsor) valued at $5,000 (USD).

Total approximate value of all prizes: $12,880.00 (USD)

Any and all unspecified expenses in conjunction with prize acceptance and use are the sole responsibility of the prize winner. Prizes are non-transferable and, for Individual Round Prizes, no cash equivalent or substitution of the prize is offered, except at the sole discretion of the Sponsor/Pinkbike. Sponsor/Pinkbike will only ship Individual Round prize to an address in the 50 United States or Washington, DC; Canada (excluding the Province of Québec), Australia or the United Kingdom. Sponsor may substitute an Individual Round prize of comparable value if advertised prize becomes unavailable for any reason. Where applicable, winners are 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. Grand Prize winner will be issued an IRS 1099 Tax Form or other tax document (if a resident of Canada, Australia, Germany or the United Kingdom) for the value of prize(s) won; Grand Prize winner further agrees to fully cooperate with Sponsor/Pinkbike/Administrator as to the reporting of prize award to the applicable tax authorities in the United States. If Grand Prize is a resident of Canada, Australia, Germany or the United Kingdom, they may also be responsible for reporting the prize award to the appropriate tax jurisdictions in their home country.

ADDITIONAL ENTRY REQUIREMENTS AND RESTRICTIONS: Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries will not be returned. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address associated with the Pinkbike Account associated with the entry. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an Internet service 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 email address in the Pinkbike Account. A Winner may be asked to provide Sponsor and/or Administrator with proof that the Winner is the authorized account holder of the email address associated with the winning Pinkbike Account. If a dispute cannot be resolved, the entry will be deemed ineligible and an alternate winner may be selected. No responsibility is assumed by Sponsor for entries and winner notification responses that are lost, delayed, misdirected, misdelivered,, illegible, mutilated, incorrect or incomplete due to acts outside Sponsor’s, Pinkbike’s and/or Administrator’s control, and such entries will not be eligible for this Contest.

CONDITIONS OF PARTICIPATION: Each Winner will be required to sign and return an Affidavit of Eligibility, a Liability Release and, where legally permissible, a Publicity Release when requested. Failure to comply with these Official Rules may result in disqualification, forfeiture of the prize, and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. To the extent permitted by law, each entrant consents to and gives Sponsor and Pinkbike the right to interview, photograph/video entrant, and in perpetuity to freely and exclusively use, publish, and display entrant’s name, address, entry form, picture, portrait, likeness, voice, video, statements, quotes, biographical information, and prize information (in whole or in part, as may be adapted, edited, or modified, as solely determined by Sponsor; if applicable) for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the World Wide Web, without review, notification or approval, all without consideration, unless prohibited by law. To the extent permitted by law, no responsibility is assumed for any printing, typographical, mechanical or other error in these Official Rules, any online or other advertisements for the Contest, the announcement of any prize, or otherwise in any materials.
LIABILITY: For residents of Germany, see paragraph 20 below. For residents of the UK, see paragraph 21 below. For residents of Australia, see paragraph 22 below.
To the extent allowed by applicable law, by participating in the Contest, each Entrant agrees that the Sponsor and those involved in the development, production, implementation and distribution of this Contest and each of their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and each of their respective directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or Contest shall not be liable for any and all claims, damages, losses or injuries of any kind whatsoever, including any third party claims, damages, losses or injuries, or any injury, loss or damages of any kind to persons, including death, or property, arising from or relating to, in whole or in part, directly, or indirectly, this Contest, including entry and participation in this Contest or any Contest or prize related activity and acceptance, possession, use or misuse of any prize.

INTERNET ORIENTED CONDITIONS:
No responsibility is assumed for electronic transmission errors for reasons beyond the reasonable control of Sponsor resulting in omission, interruption, deletion, defect, delay in operations or transmission, communication line failure, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, server, provider, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials with respect to the Contest, or inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason beyond the reasonable control of Sponsor/Pinkbike the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor/Pinkbike reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest and to select winners in a manner determined by Sponsor/Pinkbike in their sole discretion to be fair, appropriate and in accordance with these Official Rules. Sponsor/Pinkbike will post notice to such effect on the Website. Sponsor/Pinkbike further reserve the right to disqualify any individual who tampers with the entry process, violates these Official Rules or undermines the integrity of the Contest. Australian residents, see also Section 22.

Sponsor/Pinkbike may prohibit an individual from participating in the Contest if they determines in their sole discretion that said individual is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other participants.
Caution: Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor/Pinkbike reserve the right to seek damages from any such participant to the fullest extent of the law (in addition to disqualifying such participant from the Contest with forfeiture of any prize[s] such participant may have won in the Contest).

DISPUTES AND ARBITRATION; JURISDICTION AND VENUE:

Residents of the United States and Canada:
{This Section and the following Section do NOT apply to residents of Australia, Germany and the United Kingdom; see Sections 20 [Germany], 21 [United Kingdom] or 22 [Australia], as applicable.}
To the maximum extent permitted by applicable law, Entrant and the Sponsor agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, to the extent permitted by law, Entrant and Sponsor agrees to submit to the personal and exclusive arbitration of disputes relating to the Contest under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.

Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

Any arbitration between Entrant and Sponsor, to the extent necessary, will be conducted in Colorado, USA, and you waive any right to claim that such location is an inconvenient forum. Entrants agree not to sue us or bring arbitration in any other forum.

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both Entrant and Sponsor agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
· the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
· the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
· any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
All Entrants acknowledge and understand that, with respect to any dispute with us arising out of or relating to any Entrant’s use of the Services, Entrants are:
· Giving up your right to have a trial by jury;
· Giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
· Must file any claim within one (1) year after such claim arose or it is forever barred.

If this arbitration provision is found to be null and void (in whole or in part, including without limitation the requirement to engage in an arbitration on an individual basis), then all disputes arising in connection with the Contest or these Official Rules between us will be subject to the jurisdiction of the state and federal courts located in Colorado, USA, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude Entrant or Sponsor from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude Entrant or Sponsor from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Sponsor’s intellectual property rights.

In the event of any litigation or arbitration arising from or related to this Contest or these Official Rules, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.

GOVERNING LAW:

To the extent permitted by law, this Contest shall be governed by, and construed in accordance with, the laws of the State of Colorado USA, regardless of conflicts of law principles. Any action or litigation concerning this Contest shall take place exclusively in the federal or state courts sitting in Colorado USA, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Colorado. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
Data: By entering the Contest, each Entrant agrees to the Sponsor’s use of their personal information as described in Sponsor’s Privacy Policy located at https://www.outsideinc.com/privacy-policy which are incorporated by reference herein and made a part of these Official Rules. In those circumstances, these Official Rules will govern the privacy relationship between Sponsor and the Entrants. If during the registration process of the Contest, Entrants have elected to receive (opt-in) email communications from Sponsor’s future promotions or other offers, Entrants may choose to opt-out and unsubscribe from such email communications at any time by accessing the link in the footer of the emails. By entering the Contest, Entrants agree and acknowledge that their personal information (e.g., name and profile image) will be available on the Contest leaderboard. Entrants should not participate in the Contest if they do not wish for this information to be made available to other Entrants. If you are determined as a Winner, your first name, last initial and city/state/province/country may be included in a publicly available winners list.

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 Fantasy League Contest, c/o Probability, P.O. Box 1559, Social Circle, GA 30025-1559 or an email to winnerslist@pinkbikesweepstakes.com with “Pinkbike Fantasy League Contest Winners Request” in the subject line. All such requests must be received by 30 November 2024. Canadian residents: see also Section 19; United Kingdom residents, see also Section 21.
SPONSOR: Outside Interactive, Inc., 5720 Flatiron Parkway, Boulder CO, 80301 USA.
ADMINISTRATOR: Probability LLC ("Administrator"), 2 Woodstock Meadows Ln, Woodstock, NY 12498 USA.

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 winners’ list may omit the return postage.

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).

FOR RESIDENTS OF THE UNITED KINGDOM

Winner Notification: Potential winners will be notified within five (5) days from the date of winner determination via e-mail using contact information associated with their Pinkbike Account and will have fourteen (14) days to respond via the e-mail address associated with their Pinkbike Account with all requested information to confirm eligibility and other details necessary to deliver a prize. Failure to comply when requested may result in disqualification and award of prize to an alternate winner. Any prize notification or prize returned as undeliverable may be awarded to an alternate winner.

Liability: Nothing in these Official 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 which are not performed with reasonable care and skill and these legal rights are in addition to and are not affected in any way by anything contained in these Official Rules. However, subject to the foregoing and to the fullest extent permissible by law, Sponsor will not be liable for: (i) any loss, liability or damage caused by someone other than Sponsor or someone acting under Sponsor’s direct instructions and in accordance with Sponsor’s instructions; (ii) any loss, liability or damage caused by any event or circumstance beyond Sponsor’s reasonable control; (iii) any loss of profits or revenue, loss of anticipated savings or loss of goodwill; or (iv) any unavailability of Sponsor’s website or app.

Disclosure of winner’s details: By entering the Contest, 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 at the end of these Official Rules. 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.
Governing Law and Jurisdiction: These Official Rules shall be governed by and construed in accordance with the laws of England and Wales.

FOR RESIDENTS OF AUSTRALIA

Subject to the limitations in the next sentence, the Sponsor’s liability is limited as described in “Internet Oriented Conditions” Paragraph above and Sponsor excludes from these Official Rules all conditions, warranties and terms implied by statute, general law or custom. Nothing in these Official Rules limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Official Rules would contravene any statute or cause any part of these Official Rules to be void (“Non-Excludable Guarantees”). Except for liability in relation to a Non Excludable Guarantee, the Sponsor (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Contest, including, without limitation, the following: (a) any technical difficulties or equipment malfunction (whether or not under the Sponsor’s control); (b) any theft, unauthorized access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Sponsor) due to any reason beyond the reasonable control of the Sponsor; (d) any variation in prize value to that stated in these Official Rules; (e) any tax implications; and/or (f) a prize or use of a prize.




Pinkbike Fantasy Downhill League in Association with Five Ten

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Author Info:
pinkbikeaudience avatar

Member since Jul 22, 2013
3,465 articles

4 Comments
  • 3 0
 I've never been so excited to see terms and conditions for something
  • 1 0
 You did not read all of this
  • 2 0
 First time I've ever read most of a T&C.
  • 1 0
 $5k cash is a pretty sweet prize for something like this







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