April/May 2023 Membership Incentive Rules Copy
The April and May 2023 Membership Drive giveaway (or “Membership Drive”) is for the benefit of and promoted by the San Diego Mountain Biking Association a 501(c)3 organization. SDMBA PO Box 881491, San Diego, CA 92168 is (the “Promoter”). There is a single prize (“Prize Package”) to be awarded to a sole winner throughout the promotional period. Chances of winning depend on the total number of eligible entries received.
Entry is open to US residents only located in the United States.
This promotion is void where prohibited under state and/or federal law.
Employees of the San Diego Mountain Biking Association (SDMBA) (the “Promoter”) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. Participation constitutes the entrant’s full and unconditional agreement to these Official Rules and Promoter’s decisions, which are final and binding in all matters related to the Membership Drive. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- April/May Incentive: XG-1275 Eagle Cassette 10-52 Black : $231 retail
and GX Eagle AXS Upgrade Kit : $633 retail
- Promotion runs from 12:00 am (PST) on April 1, 2023 to 11:59 pm (PST) until May 31, 2023 (the “Entry Period”).
- 1 entry for each person who joins or renews their SDMBA membership at any level from April 1 to May 31, 2023.
- 1 entry for each current SDMBA member & 1 entry for a referred new member who joins at any level from April 1 to May 31, 2023
Eligible entrants may visit https://www.sdmba.com/join_today.php (the “Site”) during the Membership Drive Period. To participate, eligible entrants must join or renew your SDMBA membership. Once information is recorded, each eligible entrant will receive one automatic entry to the Membership Drive; into a random drawing of the prize giveaway. Confirmation of entry is receipt of membership confirmation from the SDMBA.
Any use of an electronic device to enhance or alter entrants’ odds of winning will count as a fraudulent entry. Entries that are fraudulent are not permitted and will be declared invalid. All entries and the information contained therein will become the property of the Promoter. Receipt of entries for the random draw will not be acknowledged, and proof of submission of an entry will not be deemed proof of receipt. The Promoter reserves the right to delete any entries or remove participants that are in violation of the Official Rules. By participating in the Membership Drive, entrants agree to be bound by these Official Rules.
On the 1st day of June 2023, a representative from SDMBA will select a potential winner for the prize in a random selection of all entries received during the Membership Drive campaign period. Entries from states where the promotion is prohibited are void and will not be included in the drawing. The odds of winning depend on the number of eligible entries received. Each potential winner will be notified via email submitted for the drawing on June 1, 2023, and the winner must respond and confirm availability to participate within 48 hours or a new winner will be selected for that specific prize.
Return of any prize notification email as “undeliverable” will result in disqualification, and an alternate winner may be selected. The winner must consent to the announcement of the winner’s name and the use by or on behalf of the Promoter of the winner’s name and/or photograph and/or any advertising materials for promotional purposes, without any further compensation to the winner.
Should the selected entrant fail to comply with any of the requirements contained in these Official Rules, the prize will be automatically forfeited and another entrant will be selected and the initially selected entrant will be disqualified and will have no recourse towards the Promoter or anyone involved in the Membership Drive.
One (1) Winner will receive the following:
- XG-1275 Eagle Cassette 10-52 Black : $231 retail
and GX Eagle AXS Upgrade Kit : $633 retail
Prizes are not transferable, non-exchangeable, not for resale, and non-refundable. Winners are not entitled to receive any payment for any possible difference between the actual value of the prize and the estimated value of the prize listed. Prizes must be accepted as awarded.
No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion.
The winner is responsible for any fees associated with mounting, assembling, putting any prize together and paying taxes, filing appropriate tax documents declaring the value of the prize, and any and all other costs and expenses including but not limited to customs and shipping fees that may be incurred on delivery of their prizes, not listed above or on the Promoter’s web site.
The prize will be mailed to the winner.
What winner may be required to do?
Except where prohibited, a potential winner may be required to complete and return a Declaration and Release and/or tax form W-9, if applicable, within five (5) days of being notified. If a potential winner declines to accept the prize, has violated any of these Official Rules, or fails to sign and return the required documents within the required time period, then an alternate entrant will be selected in his/her place in a random drawing of remaining entries.
By participating in the drawing, entrants agree to be bound by these Official Rules and the determinations of the Promoter, which shall be final and binding. Unless prohibited by law, entrants agree to allow the use and disclosure of their name, voice, city/state of residence, photograph, and/or likeness for advertising and/or trade and/or any other purpose in any media publication, chapter communication, sponsor communication or format now or hereafter known without further compensation, permission or notification. The promoter will use the entrant’s personal information only for identified purposes and protect the entrant’s personal information.
This benefit is subject to federal, provincial, state, and local/municipal laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the benefit is impaired in any way for any reason, including, but not limited to fraud, virus, other technical problem, or any other cause that corrupts or interferes with the administration, security, fairness, integrity or proper conduct of the Membership Drive, the Sponsor and Promoter may, in their sole discretion, either: (a) suspend the promotion to address the impairment and then resume the promotion in a manner that best conforms to the spirit of these Official Rules, or (b) award the prize at random from among the eligible entries received up to the time of the impairment.
The Sponsor and Promoter reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the drawing or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the legitimate operation of the drawing may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor and Promoter reserve the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor or Promoter to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor and Promoter reserve the right to modify or cancel this promotion at any time and substitute another in its place in the event of a cancelation.
Participation is limited to those individuals who provide the required information to be eligible in the drawing, as stated above. By participating in the promotion, constituents agree to release and hold harmless the Promoter, the Sponsor, and any related organizations’ employees or volunteers, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the drawing or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the drawing; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the promotion or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the promotion or receipt or use of any prize.
Should tax liability arise, then it will be the responsibility of the winner to notify their own Government’s relevant tax department. The Promoter takes no responsibility or liability for taxation or for any other costs incurred in connection with the prizes received in this Membership Drive.
Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. The Sponsor(s) listed and participating are not registered charities and no tax receipts will be issued for donations made through the Membership Drive.
Except where prohibited, the entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with, the promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, the entrant’s rights and obligations, or the rights and obligations of the Promoter or Sponsor in connection with the promotion, shall be governed by and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Finding out who won
SDMBA Trail News and social media content will announce the giveaway winner following the conclusion of the Membership drive promotion period, as well as an email sent directly to the winner upon selection.