Espin Nesta GIVEAWAY Official Sweepstakes Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Entrants are providing information to “Sponsor” (as defined below) and not to Instagram.
The following promotion is intended for participants in the continental US only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal U.S. resident residing in the continental US. Further eligibility restrictions are contained in the official rules below.
1. DESCRIPTION: The Espin Nesta ("Sweepstakes") begins on May 1, 2021 at 10:00AM PDT and ends June 15, 2021 at 11:59PM PDT ("Sweepstakes Period"). Individual giveaways may end at an earlier date as posted by Instagram accounts promoting the contests. The Sponsor of this Sweepstakes is Espin Bikes 7049 Redwood Blvd. #108 Novato, CA 94945 ("Sponsor"). The administrator of this Sweepstakes is Baotris Inc, ("Administrator"). Void where restricted or prohibited by law.
2. ENTRANT ELIGIBILITY: In order for an Entrant (“Entrant”) to be eligible to participate in the Sweepstakes and to be considered as a potential winner, the Entrant must meet the following eligibility criteria:
- Entrant must be a legal United States resident who physically resides in the continental United States
- Entrant must be at least eighteen (18) years of age at the time of entry;
- Entrant must have a non-private Instagram account and be able to receive direct messages; such social media account can be obtained for free at Instagram or in the applicable app store;
- Entrant must be the Authorized Account Holder the Instagram account associated the “Submission”. In the event of a dispute, the Entrant or potential winner will be deemed the Authorized Account Holder of the Instagram account. “Authorized Account Holder” is defined as the natural person in whose name the social media account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible; AND
- Entrant must NOT be an employee of Sponsor, Administrator or their marketing or promotion agencies, those involved in the production, development, implementation or handling of this Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers and fulfillment companies, any other person or entity associated with this Sweepstakes (collectively, the "Sweepstakes Entities") nor can Entrant be an Immediate Family Member and/or Household Member of such persons. For purposes of the Sweepstakes "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, stepchildren, siblings, step-siblings or spouses regardless of where they live.
3. HOW TO ENTER & SUBMISSON REQUIREMENTS: To enter the Sweepstakes, Entrant must be a registered user of Instagram, be a follower of the @Espinbikes Instagram account and have the ability to accept direct messages from the Sponsor. How to enter: (1) Follow @espinbikes on Instagram. (2) Follow the instagram account posting about the giveaway one of the following "Influencer" (@nyc @lilfamadventure @frenchmomsf @thisjewcanque) (3) Comment why you want to win a Nesta e-bike as one entry (4) Tag one friend in the comments of the sweepstakes post for each additional entry
Any attempt by an Entrant to obtain more entries by using multiple identities, registrations, logins, and/or any other methods will void such Entrant's entry and that Entrant may be disqualified from the Sweepstakes.
Submission into the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor’s decisions are final in all matter relating to this Sweepstakes. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Sponsor reserves the right, in its sole discretion, to disqualify any Submission that is ineligible, incomplete, non-compliant or otherwise objectionable. Each entrant hereby agrees to indemnify and hold the Sweepstakes Entities and their successors and assigns harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, covenants or obligations of entrant hereunder.
4. WINNER SELECTION & NOTIFICATION: On the date outlined in the Influencer Instagram post outlining the sweepstakes and before the end of the sweepstakes as outlined above, the Influencer will conduct a random drawing from all eligible entries received during the Sweepstakes Period to select one (1) potential winner. Potential winner will be notified in the form of a direct message from the Influencer on Instagram. Potential Winner will be required to respond (as directed) to the notification attempt and provide an email address and/or phone number as directed within seventy-two (72) hours of first attempted notification. Failure to respond within the stated time period may result in forfeiture of the prize. Potential Winner will be required to verify address and return within three (3) days an affidavit of eligibility and liability/release (collectively, “Prize Claim Documents”) covering eligibility, liability, advertising, unless prohibited by law. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Influencer may select and attempt to contact up to three (3) alternate winners from the remaining eligible entries received. A prize will not be awarded until all such properly executed forms are returned. Administrator and/or Sponsor reserve the right to disqualify anyone not fully complying with the Official Rules; and, upon disqualification, prize will be forfeited without compensation of any kind.
5. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
6. PRIZE: Four (4) Grand Prizes are available. The Grand Prize consists of a new Espin Nesta Electric Bike. Each Influencer will run one contest and each contest will have one prize associated with it. There are 4 contests in total.
Electric Bike may be subject to separate terms and conditions imposed by issuer. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. No cash alternatives or prize substitution is allowed except at the discretion of the Sponsor. If the prize cannot be awarded due to circumstances beyond the control of the Sponsors, a substitute prize of equal or greater retail value may be awarded. No refunds, credits or exchanges are allowed. The prize is awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Neither sponsor nor Administrator will replace any lost or stolen bikes. Other restrictions may apply. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
7. CONDITIONS OF PARTICIPATION: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, notification and fulfillment tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sweepstakes Entities, which shall be final in all respect.
9. DISCLAIMER OF WARRANTIES; RELEASE; LIMITATION OF LIABILITY: By participating in this Sweepstakes and/or by accepting any prize, each Entrant agrees to release the Sweepstakes Entities and each of their respective advertising agencies, successors, employees, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, losses or damages arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of a prize, including any travel related thereto. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession, use or misuse of a prize including participation in any activity related thereto, or from participation in the Sweepstakes, including any travel related thereto; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer or mobile system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should fraud, a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winners from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives.
As a condition of entering, Entrants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
10. GOVERNING LAW/DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Sweepstakes, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
11. ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant agrees that any and all disputes the entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
The Sweepstakes is in no way sponsored, endorsed or administered by Instagram. Instagram is completely released of all liability by each Entrant in this Sweepstakes. You understand that you are providing your information to Sponsor and not to Instagram.