Eligibility. NO PURCHASE NECESSARY TO ENTER OR WIN. CONTEST OPEN ONLY TO RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC). Residency shall be based on where the prize claimant normally resides as determined by Sponsor in its sole discretion. All applicable federal, provincial, state and local laws and regulations apply. Offer void where prohibited. Employees of, members of the immediate family of, or those domiciled with an employee of Sponsor (as defined below), its affiliated or related companies, the consulting, advertising and promotion agencies of the Sponsor and any independent contest organization are not eligible to participate. "Immediate family" is defined as parents, siblings, children or spouse.
- Contest Period. The Contest Period is from 11:00:00 a.m. on June 29th, 2013 to 1:00:00 p.m. on July 21 2013. All times are EDT. All entries must be received during the Contest Period to be eligible to win a prize.
There is one (1) prize available to be won as follows:
One Cervélo S5 Limited Edition Team bike equipped with Shimano Dura-Ace 9070, Mavic Cosmic Elite wheels, Rotor 3D+ cranks, 3T bar/stem and Fizi:k sadle. Bike has been used at the Tour de France by a member of Team Garmin-Sharp and will be autographed. Bike size will be appropriate for an adult but its actual size will depend on which Team Garmin-Sharp member's bike is awarded. Prize is subject to all rules herein including Section 16.
Odds of winning a prize depend on a score determined by the timing of the individual's entry into the Contest and the accuracy and timing of answers submitted on the MyCervélo Tour de Smarts contest page. ALL FEDERAL, PROVINCIAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. If winner is a U.S. resident, winner may be issued a 1099-MISC form for prizes with a retail value of US $600 or more.
Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Prizes won by a minor (as determined by the laws of the state, territory, or province of residence) will be awarded to a parent or legal guardian on the minor's behalf. All prizes are awarded "AS IS" and WITHOUT WARRANTY OR CONDITION OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
- How to Enter. To enter the Contest and be eligible to win a prize, a potential entrant must: register for MyCervélo on Cervélo.com which will provide access to the Contest web page; or send an e-mail to firstname.lastname@example.org who will provide the potential entrant access to the Contest web page.
- How to Win
On July 21st, 2013 at 5:00:00pm in the City of Toronto, in the Province of Ontario, at the offices of Cervelo Cycles Inc., one (1) entry will be selected based on the highest point total accumulated over the course of the Tour de Smarts contest.
On each day of the Contest Period except July 8 and July 15 (each a "Contest Day"), an entrant shall be entitled to answer skill-testing questions as follows: From 11:00:00am until 1:00:00pm on each Contest Day, a Contest entrant may submit answers to questions at the website which answers will be scored as described herein. At exactly 11:00:00am on each Contest Day, a correct answer to a question at the website submitted by the entrant will earn a total of 7200 points. For every second that passes, a correct answer will earn one less point until 1:00:00pm. Incorrect answers will earn 0 points. An answer can be changed at any time. The point total will be based on the final answer submitted prior to 1:00:00pm on each Contest Day. Point totals carry over for the entire Contest. The top 5 entrants will be listed, along with their point totals after 1:00:00pm on each Contest Day. By entering into the Contest, each Contest entrant specifically consents to the publication of his or her name along with his or her point total in accordance with the preceding sentence. The Contest entrant who has the highest score at 1:00:00pm on the final Contest Day, and who is otherwise eligible to win, will be the selected entrant who is eligible to win the prize subject to compliance with these Rules.
Points will be awarded for correct submitted answers only. The questions will be multiple choice and answers must be chosen by clicking one of the options. Entrants will be able to change answers prior to 1:00:00pm on each Contest Day. The final answer selected prior to 1:00:00pm on each Contest Day will be taken as the submitted answer and the points will be earned accordingly. Each Contest entrant acknowledges and agrees that all scoring with respect to the Contest shall be determined in the sole discretion of the Sponsor and shall not be subject to any review of any kind by any person at any time.
Sponsor or its designated representative will make a minimum of two (2) attempts to contact the selected entrant by telephone using the information provided at the time of entry within five (5) business days of the Draw Date.
If the selected entrant cannot be contacted (i.e. cannot successfully be reached by telephone by the Sponsor or its representative) within ten (10) business days of the Draw Date, if documents are not returned by the date required, if a selected entrant is found to be ineligible or not in compliance with these Rules, if a prize is returned as undeliverable or is not claimed, or if the selected entrant declines or cannot accept a prize for any reason, then he/she will be disqualified (and will forfeit all rights to the prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate selected entrant from among the remaining eligible entries.
In order to win any prize, a selected entrant (or, if he or she is a minor in his/her state, province or territory of residence, his/her parent or legal guardian) must, in addition to meeting the Contest eligibility criteria and otherwise complying with these Rules, sign and return within five (5) business days of notification by e-mail, an Affidavit of Eligibility, Publicity Release and Liability Waiver prepared by the Sponsor.
Entrants should allow four to six weeks after verification for shipment or mailing of any prize to the address provided at the time of registration. Sponsor is not responsible for any change of e-mail address, mailing address and/or telephone number of entrants.
Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof in a form satisfactory to Sponsor may result in disqualification. All personal and other information requested by and supplied to Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
- Ownership of Entries.
All entries and other materials (the "Entry Materials") (including all copyright, trademark and other proprietary rights associated therewith) submitted by an entrant become the property of Sponsor upon submission, and Entry Materials will not be returned to any entrant. Without limiting the generality of the foregoing, each entrant acknowledges that Sponsor will own all rights to use, modify and make derivative works of the Entry Materials, without separate compensation to the entrant or any other person or entity. Each entrant agrees to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's ownership rights as set forth above in this paragraph.
- General Indemnity and Release.
By participating in the Contest, each entrant hereby releases and indemnifies the Sponsor and any independent judging organization and any of their parents, affiliates, agents and contractors, including advertising and promotional agencies, and their respective directors, officers and employees (collectively, "Released Parties"), from any and all losses, expenses (including legal fees), damages, and claims of any kind in connection with the Contest or resulting from the acceptance, possession, or use of any prize, including without limitation, any loss, personal injury, death, property damage, or claims based on publicity rights, moral rights, breach of proprietary rights, defamation, or invasion of privacy.
- Disclaimer. Neither the Sponsor nor any other Released Parties is responsible for lost, incomplete, late or misdirected entries; theft, destruction or unauthorized access to, or alteration of, entries; failures or malfunctions of phones, phone lines or telephone systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to an entrant's or any other person's computer related to or resulting from participation in the Contest; or other problems or errors of any kind whether mechanical, human, electronic or otherwise.
- Improper Activities. Entrants who violate these Official Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
- E-mail Entries. In the event of a dispute between entrants as to who submitted an entry, the entry shall be deemed submitted by an “authorized e-mail account holder” and entries will be declared made by the authorized e-mail account holder of the e‑mail address submitted at the time of entry. “Authorized e-mail account holder” is defined as the natural person to whom an e-mail address is assigned by an Internet access provider, on‑line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e‑mail address. The potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized e-mail account holder of the e-mail address associated with the potentially winning entry.
- No Automated Entries. Should it be discovered that an entrant is using the aid of computer software programs or other automated means to auto‑fill or create multiple entries or otherwise tamper with the entry process, that entrant will be immediately disqualified from the Contest. The Sponsor reserves the right to disqualify all such entrants from future contests conducted by the Sponsor without further notice.
- Multiple Claims. If due to an error, there are more claims for prizes than prizes stated in these rules, Sponsor reserves the right to award prizes through a random drawing of eligible prize claims. No more than the stated number of prizes shall be awarded.
- Governing Law. The Contest and these Rules will be governed, construed and interpreted under the laws of the Province of Ontario. All claims shall be brought exclusively in the Province of Ontario and shall be resolved individually without resort to any form of class action.
- Compliance with Rules and Decisions. Entrants agree to be bound by these Rules and by the decisions of Sponsor, which are final and binding in all respects.
- Modification, Suspension or Cancellation. Sponsor reserves the right, in its sole discretion, to modify, suspend or cancel the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper play of the Contest or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned.
- Selection of Prize. Actual model, color, accessories and features of the prize awarded shall be selected by Sponsor in its sole discretion and may vary from photos used in print, Sponsor in‑store advertising, and in electronic and web banner advertising including the Sponsor web site.
- Use of Winner's Name, Likeness, etc. Except where prohibited by law, entry into the Contest constitutes permission to use winners' name, address, likeness and/or prize information, without limitation and on a perpetual basis, for promotional purposes and in any media without further permission or compensation.
- Winners List; Rules Request. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after July 22nd, 2013 and before August 15th 2013 to 15 Leswyn Rd, Toronto, ON M6A 1J8, Attn: Tour de Smarts Winners List. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Tour de Smarts Rules Request. Residents of WA and VT may omit return postage. A copy of these Rules may also be obtained by printing this web page.
- Contest Sponsor. The sponsor of the Contest is Cervelo Cycles Inc.