Fly Rides and Trail Vibes Terms and Conditions

The “Fly Rides and Trail Vibes”  campaign is being conducted by San Diego Mountain Biking Association (SDMBA or the “Promotor), a non-profit 501(c)3 corporation (#20-1701837) under the laws of the State of California.

Eligibility

Entry is open to US residents only located in the United States, who are 18 years or older as of January 1, 2023. 

This promotion is void where prohibited under state and/or federal law.

Employees of the Promoter, its sponsors San Diego Fly Rides (the “Sponsors”) and their immediate families (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 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 campaign. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Entering

The promotion runs from 12:00 am (PST) on October 1, 2022 to 12:00 am (PST) on December 31, 2022 (the “Entry Period”). 

Eligible entrants may visit the “Join” page or the “Donate” page at SDMBA.com  (the “Site”) during this stated time period.  Confirmation of membership and/or donation is entry receipt of confirmation from SDMBA.  All donations must be received with full payment no later than 12:00 am on December 31, 2022.  

Entries may be purchased by the following methods at SDMBA.com “The Site”: 

-Join or Renew SDMBA membership: 

• $39 basic membership = 4 entries

• $100 VIP membership = 12 entries

• $250 VIP membership = 30 entries

• $1000 VIP membership = 120 entries

-Each $10 Donation made on the donation page at SDMBA.com of allows for one entry. No limit, for example, a $100 donation allows for 10 entries.

-Checks for membership or donations are made out to SDMBA sent to PO Box 881491, San Diego, CA 92168.  Checks must be received by December 15, 2022.   

There is no limit to the number of tickets one (1) person may purchase.

By IRS declaration, donations for valuable prizes are not eligible for charitable tax deductions. The Sponsors do not receive donated funds and they are not responsible for the operation of the Site or the promotion.  

-Free Entry Method: To receive an entry without contributing, mail one written request for one entry including full name, email and phone number to: SDMBA, PO Box 881491, San Diego, CA 92168 by December 15, 2022. Limit one entry request per person per outer envelope.

-Test Ride at Fly Rides Retail Store Entry Method: An in-person test ride of any bike at the Fly Rides retail store will allow for 5 entries. *Limit 1 test ride entry per person.*

 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 this promotion, entrants agree to be bound by these Official Rules.

Winner Selection

On the 1st day of January 2023 at 12 pm a representative from SDMBA witnessed by representatives from SDMBA and Fly Rides will select a potential winner for the prize in a random selection of all entries received during the promotion period.  The first random number drawn will be the winner of the prize pending confirmation. The winner will be notified via the email and/or phone submitted for the drawing immediately after drawing on January 1, 2023 and the winners must respond and confirm availability to participate within 48 hours or a new winner will be selected for the listed prize.  Winner will be announced publicly via social media and newsletter upon confirmation. Winners need not be present to win. 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. 

Return of any prize notification email as “undeliverable” will result in disqualification, and an alternate winner may be selected. The winners 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 winners. 

Should the selected entrants 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 promotion.

The prize winner is solely responsible for all local, state and federal taxes, title, transfer fees, license duties, insurance and all expenses incurred in claiming the Niner Bicycle. The Prize winner understands, acknowledges, and agrees that the Prize winner is receiving a prize and will hereby release and discharge SDMBA, and the Sponsors, their affiliates, employees, agents, officers, directors and legal representatives and assigns from any and all claims, liabilities, damages, losses or expenses arising from or caused by the award of such prize, including, but not limited to the payment of any and all taxes that are due.

SDMBA, its Board of Directors, the Sponsors Flyrides and their affiliates, employees, agents, officers, directors and legal representatives and assigns assume no liability for lost, late, misdirected, mutilated, incomplete, illegible, or entries without payment which will be deemed invalid and disqualified. The decisions and rules of SDMBA are final on all matters concerning the drawing.

Prize

First prize:  One (1) NINER WFO E9 3-STAR SRAM SC EAGLE LARGE - MSRP $6,999

Prizes are not transferable, non-exchangeable, not for resale and non-refundable. Winners are not entitled to receive any payment or credit for any possible difference between the actual value of the prize and the estimated value of the prize. Prize 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.  Bicycles received or purchased as a prize are not subject to refund from Fly Rides. 

The winners are 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.  

Winner may be required to: 

Except where prohibited, potential winners may be required to complete and return a Declaration and Release and/or tax form W-9 and/or Form 5754, if applicable, within five (10) days of prize fulfillment.  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.

Other terms

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 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 handle the entrant’s personal information as provided in the Promoter's privacy policy and the privacy policies of the Sponsors.  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 promotion, 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 Sponsors 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, in the event of cancellation, substitute another in its place.

Participation is limited to those individuals who provide the required information to be eligible in the drawing, as stated above and in the entry form. By participating in the promotion, constituents agree to release and hold harmless the Promoter, the Sponsors, and any related organizations’ employees or volunteers, and their respective  affiliates, 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 winners to notify their own Government’s relevant tax department and satisfy any tax liability. The Promoter and Sponsors takes no responsibility or liability for taxation or for any other costs incurred in connection with the prizes received in this promotion.

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 or punitive or consequential damages. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. No tax receipts will be issued for donations made through this promotion.

Disputes

 Except where prohibited, 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 County of San Diego,  State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, 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.