The Rider Justice Instagram Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS AND INSTAGRAM ACCOUNT (SET TO PUBLIC) REQUIRED TO ENTER. Void where prohibited or restricted by law. The Promotion and all elements thereof are offered at Sponsor’s sole and absolute discretion, without obligation, may at any time be terminated, cancelled, or modified in whole or in part (as applicable) by Sponsor in its sole discretion, and/or any time period extended, shortened, or modified. Any modification will be applied prospectively from the time announced via Instagram, and not retroactively.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. SEE DISPUTES/ARBITRATION PROVISION.
ELIGIBILITY: The Rider Justice Instagram Giveaway (“Promotion”) is sponsored by The O’Sullivan Law Firm, P.C. d/b/a Rider Justice (“Sponsor”) and is offered in the fifty United States including D.C. (“U.S.”) to individuals who are legal residents of and physically residing in the U.S., 18 years of age or older (eligible “Participants”). Employees, officers, and directors of Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies, influencers contracted to facilitate the Promotion and any other individuals or entities who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of this Promotion (collectively the “Promotion Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize.
PROMOTION PERIOD/SWEEPSTAKES ENTRY PERIODS: Promotion begins on or about 12:00 am MT on or about November 28, 2022 and ends at 11:59 pm MT on January 20, 2023 (“Promotion Period”). The Promotion consists of three (3) separate and distinct sweepstakes, offered between the following dates: (#1) November 28 – December 2; (#2) December 12 – December 16; (#3) January 16 – January 20 (each is a “Sweepstakes”). Each Sweepstakes begins on or about 12:00 am MT on the first day of the applicable Sweepstakes and ends at 11:59 pm MT on the last day of the same Sweepstakes as provided above (“Entry Period”). All time referenced herein is Mountain Time. Entries do not carry over into subsequent Sweepstakes. Participants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. Sponsor’s server/computer is the official time keeping device for the Promotion. The Promotion or any element thereof may be terminated, cancelled, or modified by Sponsor in its absolute sole discretion, and without limitation, any time period extended, shortened, or modified due to exigencies of the circumstances (as determined by Sponsor).
TO ENTER: Entry via Instagram (“Social Media Platform”) only to eligible Participants. During an applicable Sweepstakes Entry Period, eligible Participants: (i) Follow Rider Justice by going to https://www.instagram.com/motorcycleriderjustice/ (ii) Like the Promotion specific post; and (iii) Provide a suitable comment on the post (“Entry”). Entries or attempts to enter directly or indirectly arising from any sham, unauthorized or unofficial sources, platforms, portals, entities or individuals will be void.
Limit one (1) Entry per person, per Sweepstakes. You may not enter via more than one (1) account, unfollow and follow an account, or engage in any other methods to gain entries or to participate. In the event more than one eligible Entry is received from the same person, only the first Entry will be considered (if discernable). Your privacy settings must be set to public and cannot be set to “off” or “private” to participate in the Promotion, or any element thereof. Non-winning Entries do not carry over into subsequent Sweepstakes. Entries must be complete and compliant with these Rules or will be disqualified. Sponsor reserves the right to eliminate inappropriate, defamatory, non-compliant or illegitimate responses in its sole discretion.
Any Entry that does not include all content required herein and follow all required steps, or that does not (in Sponsor’s sole discretion) appear to be compliant and submitted in good-faith may be disqualified. If Sponsor’s product and/or brand is featured and/or mentioned in the Entry it/they must be featured truthfully and appropriately, or else Entry will be immediately disqualified. In addition to all other restrictions and conditions stated or incorporated elsewhere herein, Entries (including but not limited to all content and comments therein) must NOT appear to name, mention, condone, promote, contain, depict or describe in any manner any minor child under 18 years of age, illegal, dangerous, harmful, offensive, cruel, unsafe, demeaning, disgusting, highly political or sensitive topics, over-consumption, or any other improper or unsuitable activities/content whether or not legal (as determined by Sponsor in its absolute discretion) or will be subject to disqualification.
ENTRY SPECIFICS: Entries must be complete, compliant, submitted via the method and Social Media Platform communicated, and timely received by Sponsor. Sponsor has the right to verify Participants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any entry/Participant at any time and require immediate prize return if applicable. Entries may only be submitted by a single registered social media account user; group or commercial submissions are not permissible. Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entry and/or Participant is eligible, compliant, or reasonably suspects that it/he/she is not eligible or compliant in whole or in part, the Entry as a whole and Participant may be disqualified. Proof that an Entry was uploaded does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Promotion. Entries will not be acknowledged or returned. Entries submitted via any other entry method than stated herein will not be accepted. Participants may not (whether apparent or suspected) enter through a sweepstakes/contest club or exchange site (or similar method, whether or not paid), with multiple or false identities, accounts, IP addresses, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter or participate. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, harassment, on-line clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any Participant suspected of using/benefitting from such methods.
Without limiting the foregoing, Entries will be disqualified if Sponsor believes the Entry is not in the spirit of the Promotion, is not compliant herewith, or will have a detrimental impact on Sponsor, this Promotion, or any of Sponsor’s brand, products or services. Furthermore, if an Entry, for any reason whatsoever, garners or contains comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, Sponsor reserves the right to disqualify Entry/Participant and remove any such Entry. In the event of a dispute as to the identity of an online Participant, the authorized account holder of the email address used in connection with the Entry will be deemed to be the Participant, provided eligible.
Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. For those Participants entering with a mobile device: Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of purchase.
REPRESENTATIONS ABOUT YOUR ENTRY: By submitting an Entry, Participants represent and warrant (and agree to release and indemnify Promotion Entities from same) that: they have the absolute right and all requisite consents to submit such Entry (including the name, handle, likeness, image, voice and any other information disclosed or conveyed about/by any and all individuals and venues included therein), and submitting such Entry does not appear to violate or infringe the rights of such individuals or any other third party, entity or venue, will not constitute a violation of law or policies, and will not bring Sponsor or the Promotion Entities into public disrepute, scandal or embarrassment; their Entry submitted and all content therein is truthful and accurate, has not been created for or submitted in any other Promotion or copied in whole or in part from any other work, and is the sole and exclusive property of the Participant (or Participant has the full right to submit it herein for all uses contemplated); the Entry does not contain, depict, condone, encourage or promote activities or content prohibited by these Rules or the Guidelines of the respective Social Media Platform; the Entry does not depict, refer to or contain in any respect information about an individual under the age of 18; and any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given Participant their consent to submission of Entry into this Promotion and the use contemplated.
If requested by Sponsor, Participant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality. Any trademarks, logos, brand names, venues, sponsorships or any other intellectual property appearing in any way in connection with this Promotion, prizing, or any Entry are the property of their respective owners, which are not sponsors or affiliated with this Promotion in any way.
RANDOM DRAWING/ODDS: One (1) potential winner will be selected in a random drawing conducted by Sponsor (or its authorized representative) on or about ten (10) working days after the end of the applicable Sweepstakes Entry Period from among all eligible Entries received for the Sweepstakes. Odds of winning depend on the number of eligible Entries received during the Sweepstakes Entry Period. Potential winner(s) will be notified by direct message via Instagram account used to enter and will be asked to respond within a time specified with their contact information and/or given instructions. Sponsor reserves the right to verify the identity and information of a potential winner prior to prize award, and to decline to award the prize to a winner if awarding the prize to the winner would bring Sponsor into public disrepute, scandal or embarrassment (as determined by Sponsor in its sole discretion). If a potential winner cannot be reached within two separate attempts using the contact information (in Sponsor’s discretion) provided, declines or refuses the prize for any reason, fails to follow the instructions or reply on or within the time specified by Sponsor in any notification, is non-compliant, or is found to be ineligible, they will forfeit the prize and an alternate potential winner may be randomly selected in Sponsor’s sole discretion, as provided herein. Promotion Entities shall have no liability for any winner notification that is intercepted, not received, not delivered, misdirected due to privacy or spam settings, not timely acted upon, or otherwise not responded to by a potential winner for any reason whatsoever, and the prize will be forfeited. After one additional unsuccessful attempt to award a prize to the alternate, the prize will remain unawarded; there will not be a second-chance drawing.
Prize or prize notifications that are unawarded, unclaimed, undelivered, misdelivered, refused, or returned will not be re-awarded. Potential winners may be required to sign, have witnessed and return a Declaration of Eligibility, Liability and Publicity Release within the time specified by Sponsor, or else prize will be forfeited. Prize award is subject to verification of eligibility and compliance with these Rules.
PRIZE (1 per Sweepstakes)(3 prizes in total): one (1) USD $100 check or gift card (issued in the name of the winner). Total Approximate Retail Value (“ARV”) of all Prizes: USD $300. Prize awarded subject to verification and compliance.
Limit one (1) prize per person during the entire Promotion. Prize must be awarded as stated herein or else will be forfeited and awarded to an alternate winner(s). Any difference between ARV and actual value of a prize will not be awarded. Winners agree to pay applicable local, state, and federal taxes on the prize, if any, and to comply with any tax reporting obligations, which are solely the responsibility of winner. Winner is advised to seek independent counsel regarding tax implications of their prize winning, if applicable. Only the number, description and denomination of prizes stated in these Official Rules is available to be won in the Promotion. In no event will Promotion Entities be responsible to award more than the stated number of prizes or different denominations of prize herein. Prize is awarded assuming sufficient eligible entries are received. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible non-suspect claimants in such category to award such prize. Unless otherwise expressly permitted herein, any prize or any portion thereof cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize, or any item therein with a prize or substitute item of equal or greater value. Prize, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising, any website, or on Promotion materials is for illustrative purposes only and may not be the actual prize awarded. WITH THE EXCEPTION OF ALL VALID MANUFACTURER’S WARRANTIES WITH RESPECT TO A PRIZE, EACH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
INDEMNIFICATION & RELEASE: BY PARTICIPATING, PARTICIPANTS AND WINNERS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, AND THE APPLICABLE SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION AND/OR PRIZE RELATED ACTIVITIES, ACCESS TO ANY PLATFORM OR WEBSITE, AND/OR ANY OTHER PARTICIPATION IN THIS PROMOTION. By entering and/or accepting a prize, Participants and winner covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision determined to be invalid shall be struck from these Rules and the remainder shall continue in full force and effect.
LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by the Social Media Platform or website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or any other information. Promotion Entities are not responsible for injury or damage to Participants’ or to any other person’s computer and/or mobile device related to or resulting from downloading materials from or use of any Platform or website. If, for any reason, the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or element thereof and may in its discretion select the winner(s) from non-suspect, eligible Entries received prior to the action or as otherwise may be deemed equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, Promotion materials, announcements and/or any other information or communications by any person/entity in whatever media/medium relating to this Promotion or any element thereof, these Official Rules shall govern.
GENERAL CONDITIONS: Neither Sponsor nor any of the Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, misdirected, undelivered, or stolen Entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), website, Platform, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or network, hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture any such information. Persons who are suspected of fraud, artifice, cheating, tampering with, or abusing any aspect of the Promotion or any element thereof, including but not limited to use of robotics, bots, malware, or other unauthorized devices or participation methods, as solely determined by Sponsor will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
FORCE MAJEURE: Promotion Entities shall not be liable to Participants, winner(s) or any other person or entity for failure to execute the Promotion, a Sweepstakes or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any kind, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.
PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a Prize, Participants and winner(s) grant (and agree to confirm that grant in writing) permission for Sponsor and/or Sponsor’s authorized representatives the right to use his/her name, handle, information, likeness, image, voice, and statements for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered including television and the internet including Sponsor’s social media platforms and those of third parties whether or not connected with the Promotion, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
DISPUTES/ARBITRATION: THIS PROMOTION AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT, SPONSOR, OR ANY OTHER PROMOTION ENTITY IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, to the fullest extent permitted by law, Participants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action or a jury trial, exclusively before a neutral one-person binding arbitration located in or near Denver, CO having jurisdiction. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
WINNERS LIST: For the name of prize winners, mail a SASE to: Rider Justice Instagram Giveaway Winner List Request, at Outerkind, LLC, 3575 Ringsby Cir, #300B, Denver, CO 80216, for receipt on or within five working days from the end date of the respective Sweepstakes Entry Period. Limit one (1) request per person/household address.
SPONSOR: THE O’SULLIVAN LAW FIRM, P.C., D/B/A RIDER JUSTICE, 600 OGDEN ST, DENVER CO 80218