Rules, terms, and conditions:
NO PURCHASE NECESSARY TO ENTER OR WIN IN THE GENESIS SKATEBOARD SWEEPSTAKES (THE “SWEEPSTAKES”).
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Entry into this Sweepstakes constitutes your acceptance of these Official Rules. By participating in the Sweepstakes, you represent and warrant that you meet the eligibility requirements and acknowledge that failure to meet all eligibility requirements will disqualify you from participating in the Sweepstakes or winning a prize.
WHO MAY ENTER: Sweepstakes is open to legal residents of the 50 United States (including the District of Columbia) age 18 older at time of entry. Employees (and their immediate families [spouse, parent, child, sibling and their respective spouses], regardless of where they reside or those living in the same households, whether or not related) of Genesis (“Sponsor”), Maxima Group Ltd. (the “Sweepstakes Administrator”), and their respective parent companies, affiliates, subsidiaries, prize supplier(s), content provider partners, mobile competitors, distributors and advertising and promotion agencies (collectively, “Sweepstakes Parties”) are not eligible to enter or win. By participating in the Sweepstakes, each entrant represents and warrants that he or she meets the eligibility requirements stated in these Official Rules and acknowledges that failure to meet all eligibility requirements will disqualify participant from the Sweepstakes. Sweepstakes is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law.
SWEEPSTAKES ENTRY PERIOD: Sweepstakes begins at 12:01:00 AM Eastern Time (“ET”) on October 26, 2017, and ends at 11:59:59 p.m. ET on November 5, 2017 (the “Sweepstakes Entry Period”). The Sweepstakes Entry Period consists of user uploaded videos featuring regular skateboard or electronic skateboards. Limit: one (1) Entry per person during the Sweepstakes Entry Period.
HOW TO ENTER: Take a video riding 20 mph on your skateboard. Use any of the following apps to record video and speed; Vidometer, TrackAddict and Snapchat. Post the video to your Instagram or Facebook. Tag @Ride_Genesis then hashtag #Genesis20MPHChallenge and #RideGenesis. Refer to the Sweepstakes Entry Period section in these Official Rules for details on deadlines. ENTRIES WILL ONLY BE ELIGIBLE FOR THE SWEEPSTAKES ENTRY PERIOD IN WHICH THEY ARE RECEIVED AND WILL NOT ROLL OVER TO SUBSEQUENT SWEEPTAKES ENTRY PERIODS, IF ANY. Normal Internet access and usage charges imposed by your online service may apply.
In the event an insufficient number of eligible Entries are received for the Sweepstakes Entry Period, the prize will not be awarded. The Sponsor’s agent’s computer will be the time keeping device for the purposes of this Sweepstakes. Incomplete, damaged, altered, illegible or mechanical Entries will be disqualified. The Sponsor is not responsible for and will not be liable for Entries that are late, lost, misdirected, disqualified or contain errors. All Entries submitted become property of the Sponsor and will not be returned or acknowledged. The Sponsor reserves the right to disqualify from the Sweepstakes any and all Entries tied back to you if you entered using multiple email addresses or under multiple identities. An automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules.
WINNER SELECTION & NOTIFICATION: The potential winner will be selected at random draw from all eligible Entries received during the Sweepstakes Entry Period. Winners will be notified via email or Instagram or Facebook message to the potential winner’s Account within fifteen (15) days after the random drawing. Sponsor is not responsible for changes to a potential winner’s email that may interfere with winner notification. To claim the prize, potential winner will be required to confirm his or her email address and physical mailing address in the United States of America. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following:  potential winner’s failure to respond to notification within seventy two (72) hours after its transmission;  the failure of notification due to deactivation of the potential winner’s Account prior to receipt of notification;  potential winner’s failure to provide Sweepstakes Administrator and/or Sponsor with satisfactory proof of age, identity and residency;  potential winner’s failure to validly claim the prize by deadline date, and  any other non-compliance with Official Rules. Furthermore, each winner will be required to complete, execute and return an Affidavit of Eligibility and Liability and, unless prohibited by law, Publicity Release (“Affidavit/Release”) as well as any other documents which may be required by Sponsor or its Sweepstakes Administrator, all of which must be completed, executed, signed and received by Sponsor or Sweepstakes Administrator within seven (7) days of date printed on notification or he/she will be disqualified. In the event it is determined that a winner has not complied with these Official Rules, or has failed to execute and return any required documents within the specified time period, or has made false statements or an email prize notification is returned as undeliverable, that winner will be disqualified. Should a winner make any false statement(s) in any document required by Sponsor, that winner will be disqualified and required to promptly return to Sponsor his/her prize. If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian. If a winner is disqualified for any reason, at Sponsor’s discretion, the prize will be forfeited and awarded to an alternate winner in a separate random drawing from all non-winning eligible entries for the corresponding Entry Period.
PRIZES & THEIR CORRESPONDING APPROXIMATE RETAIL VALUES (“ARV”): There are one (1) winners (one for regular skateboard and one for electronic skateboard video submissions) which will receive the prize package as follows:
Grand Prize prize package consists of one (1) Genesis electric skateboard. The ARV of the grand prize package is $499.00.
Total ARV of all prizes: $499.00. Each winner is responsible for all federal, state, and local sales and income taxes on prize, if applicable. No substitution for prize or portion of prize, except Sponsor who reserves the right, in its sole discretion, to substitute a prize or portion of prize of comparable value. Prizes are not transferable or redeemable for cash, except in the sole discretion of Sponsor. A winner is not a recipient of a prize until he/she has been verified or notified as a winner by the Sweepstakes Administrator. All prize details are at Sponsor’s sole discretion. If the Sweepstakes Administrator and/or Sponsor are unable to verify a winner after a diligent effort is made prior to November 5, 2017 the corresponding prize will not be awarded. Winners acknowledge that the Sponsor, the Sweepstakes Administrator, their respective parent companies, affiliates and all other companies concerned with this Sweepstakes and their agents do not make, nor are in any manner responsible for, any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions or fitness of any aspects of the prize except that the prize shall be subject to its manufacturer's standard warranty. Limit: One prize per person for the entire Sweepstakes.
ODDS: Odds of winning depend on the total number of eligible Entries received for a given Daily Entry Period.
GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) to use each winner’s name, photograph, hometown, likeness, and prize won (all at Sponsor’s discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification, release, or permission. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes in the event it is technically impaired, and to cancel or suspend the Sweepstakes in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes, and, if terminated, at Sponsor’s discretion, determine winner(s) using all non-suspect, eligible Sweepstakes Entries received up to time of cancellation.
SUSPENSION / MODIFICATION / TERMINATION: In the event the Sweepstakes Parties are prevented from continuing with the Sweepstakes by any event beyond their control, the Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. The Sponsor reserves the right to modify, suspend or terminate the Sweepstakes without notice, if in its sole and absolute discretion, it is determined that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Sweepstakes.
MISCELLANEOUS CONDITIONS: By participating in the Sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and judges, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.
RELEASES: By entering the Sweepstakes, entrants agree to release and hold harmless the Sweepstakes Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Sweepstakes, or acceptance or use of any prize, the substitution of any prize in accordance with these Official Rules, the administration of the Sweepstakes, an entrant’s breach of Official Rules or Sponsor’s use of any of the rights granted herein.
ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.
WINNERS LIST: For the identity of the winner (available after November 6, 2017), send a self-addressed stamped envelope by November 30, 2017 to: Genesis Sweepstakes, c/o Maxima Group Ltd., 463 Seventh Avenue, New York, New York 10018.
SPONSOR: Genesis, 463 Seventh Avenue, Suite 802, New York, New York 10018.
SWEEPSTAKES ADMINISTRATOR: Maxima Group Ltd., 463 Seventh Avenue, New York, NY 10018.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. Terms not defined in these Genesis Sweepstakes Terms and Conditions have the same meanings as in the Official Rules for the Sweepstakes.
Unless otherwise allowed in the Sweepstakes Official Rules, the following are ineligible to participate in the Sweepstakes:
(a) employees of Genesis and its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Genesis through an outsourcer or temporary employment agency during the Sweepstakes Period, and their respective immediate family and persons living in their same household (as the case may be)
(b) non-natural persons (including corporations and other business entities); and
(c) any person located in any country other than the 50 states of the United States of America.
No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. Genesis is not responsible for (i) late, lost, illegible, misdirected, damaged, incomplete, improperly submitted, undeliverable or otherwise irregular Sweepstakes entries; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
Any Sweepstakes entries (including any content therein) that are submitted, transmitted or otherwise made available to Genesis (via its website or otherwise) shall remain the sole and full responsibility of entrant. Accordingly, entrant represents and warrants to Genesis that any entry submitted in connection with the Sweepstakes:
(a) is true, accurate, current, complete and not misleading, fraudulent or deceptive;
(b) does not and will not violate any applicable state, federal or local laws (including regulations pertaining to sedition, obscenity or abuse);
(c) does not and will not violate the rights of any third party, including, without limitation, copyrights, trademark rights, patent, trade secret and/or any other intellectual property rights and any rights of publicity or rights of privacy;
(d) is not obscene, offensive, defamatory, and does not contain vulgar or profane language, as determined by Genesis; and
(e) will not subject Genesis to any form of liability or prejudice whatsoever.
Submission of an entry constitutes each entrant’s certification that the entry is entrant’s own original work. By submitting any entry, entrant hereby grants Genesis and its successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license to use, copy, transmit or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform and display the entry or any portion thereof, in or through any medium, whether now known or hereafter created in any manner without further compensation during or after the Sweepstakes Period. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Genesis.
In the event of any dispute, an online Sweepstakes entry is deemed submitted by the registered internet or e-mail account holder associated with such entry. Telephone or facsimile entries are deemed submitted by the registered account holder of the associated telephone line. In all other cases, the Sweepstakes entry is deemed submitted by the name indicated thereon. Satisfactory proof of association shall be furnished to Genesis without fail.
Except where prohibited, by participating in the Sweepstakes and/or winning any prize, entrant consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in Genesis’s newsletters and Genesis’s web domain at ridegenesis.com, without additional compensation. See the section on “Personal Information”. All entries become property of Genesis and none will be acknowledged or returned.
The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of Genesis for a prize of equal or greater value. Genesis will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. If a prize is mailed, the winner assumes the risk of the prize’s safe arrival. Prizes are offered “as is” with no written, express, or implied warranty.
Winners will be notified by e-mail within fifteen (15) business days of the prize drawing, and may be required to sign and return an affidavit of eligibility and publicity/liability release within ten (10) days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. Allow 6 to 8 weeks for delivery of prizes.
THIRD PARTY WEBSITES:
Where a Sweepstakes involves access to or use of a third party website (“Third Party Website”), entrant understands and agrees that:
(a) Genesis has no control over the Third Party Website whatsoever;
(b) Entrant is solely and fully responsible for his dealings with the Third Party Website and is alone responsible for making whatever investigation he or she feels is needed or useful before commencement of dealings, and taking all precautions deemed necessary to protect himself or herself from viruses, worms, Trojan horses, malware and other harmful or destructive materials potentially residing on the Third Party Website; and
(c) Genesis disclaims all responsibility for any harm resulting from entrant’s access to or use of a Third Party Website.
Genesis assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to or alteration of entries, or any problem or technical malfunctions of any telephone network or line, computer online systems, servers, or providers, computer equipment, software, failure of any online Sweepstakes entry to be received on account of technical problems or traffic congestion on the Internet or at any website (including a Third Party Website), or any combination thereof, which may limit an entrant’s ability to participate in the Sweepstakes.
ANY ATTEMPT BY AN ENTRANT OR ANY THIRD PARTY TO CIRCUMVENT, TAMPER, DISRUPT OR DAMAGE THE SWEEPSTAKES ENTRY PROCESS, GENESIS WEBSITE OR TELEPHONE SYSTEMS, DEFRAUD OR GAIN AN UNFAIR ADVANTAGE, ENGAGE IN UNSPORTSMANLIKE, DISRUPTIVE, ANNOYING, HARASSING OR THREATENING CONDUCT, OR OTHERWISE UNDERMINE THE FAIRNESS, INTEGRITY AND LEGITIMATE OPERATION OF THE SWEEPSTAKES, WILL RESULT IN AUTOMATIC DISQUALIFICATION FROM THE SWEEPSTAKES AND MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS. GENESIS RESERVES ALL RIGHTS, INCLUDING THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES), TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE POSSIBILITY OF CRIMINAL PROSECUTION.
Entrant agrees to release, discharge, indemnify, defend and hold harmless Genesis, its parent company, affiliates, subsidiaries, its business partners, prize providers, and promotion and advertising agencies, and directors, officers, employees and agents of any and all of the aforesaid, and any other organizations related to the Sweepstakes, from and against any claim, damages or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, enjoyment, ownership, possession, use, misuse or inability to use any prize, or participation in the Sweepstakes or a related activity, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation (i) any condition caused by events beyond Genesis’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes.
IN NO EVENT WILL GENESIS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT GENESIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Genesis assumes no responsibility for any administrative or typographical errors in the course of operating the Sweepstakes or in the Sweepstakes Official Rules or these Sweepstakes Terms and Conditions. Genesis reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes are compromised, without liability to the entrant. Genesis reserves the right to disqualify any entrant or winner, as determined by Genesis, in its sole discretion. The Sweepstakes is subject to these Sweepstakes Terms and Conditions and the Sweepstakes Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Sweepstakes is void where prohibited or restricted by law. By participating in these Sweepstakes, you acknowledge that you have read these Sweepstakes Terms and Conditions and the Sweepstakes Official Rules and agree to abide by them and by the decisions of Genesis, which are final and binding on all matters pertaining to the Sweepstakes. These Sweepstakes Terms and Conditions and the Sweepstakes Official Rules are governed by the law of the State of New York, excluding the conflicts of law provisions thereof.
Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Sweepstakes Terms and Conditions or the Sweepstakes Official Rules must be brought in either the federal or state courts located in New York.
Genesis is the official timekeeper for the Sweepstakes.