Official Contest Rules
(HURLEY E-BIKE GIVEAWAY)
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
Eligibility: The contest is open to legal residents of the United States, who are at least the age of thirteen (13). ALL ENTRANTS BELOW THE AGE OF 18 MUST HAVE PARENTAL CONSENT TO ENTER. Parental consent will be confirmed if you are selected the winner. Employees of Sponsor and their family members are prohibited from entering. Entrants are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Sponsor: The contest is sponsored by Hurley International LLC / Brand Online Inc. d/b/a NOGIN (collectively, “Sponsor”).
Agreement to Official Rules: By participating in this giveaway (the “Contest”), entrants agree to abide by the terms and conditions thereof as established by Sponsor. Sponsor reserves the right to qualify all submissions and to reject any submissions that do not meet the requirements for participation as established by Sponsor.
Contest Period: The contest begins on January 17, 2022 at 12:00 PM PST, and ends on January 31, 2022 at 12:00 PM PST (“Contest Period”). Entries received before or after the Contest Period are void. Sponsor’s computer is the official time-keeping device for the Contest.
Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected Entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this Contest; or by any technical or human error that may occur in the processing of submissions or downloading, that may limit, delay or prevent an entrant’s ability to participate in the Contest.
Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest and award a prize from Entries received up to the time of termination or suspension should virus, bugs or other causes beyond Sponsor’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the contest or proper submission of Entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this Contest.
Selection of Winner: The Prize Winner will be determined by a randomized online generator. The entrant whose Entry is chosen by the generator shall be selected as the Prize Winner. All decisions concerning the award and elements of the Grand Prize are solely within the discretion of Sponsor. Odds of winning depend upon the number of eligible Entries received.
Notification of Potential Prize Winner: The Prize Winner will be announced on Sponsor’s Instagram profile in the caption of the official giveaway post and notified via Instagram Private Message or via the email provided by entrant with details on or around February 1, 2022 to confirm Entry and eligibility. To be confirmed as the Prize Winner, you will be required to complete and return an affidavit of eligibility and release form (except where prohibited), each in the form as provided by Sponsor, signed by winner (or winner’s parent or guardian if winner is under age 18) before awarded the Grand Prize. If the Prize Winner does not meet all eligibility requirements, has not complied with these Official Rules, cannot be contacted, does not respond within three (3) days from the date Sponsor first tries to notify him/her, the prize notification is returned as undeliverable, does not return the affidavit of eligibility and release form within four (4) days of Sponsor providing such documents, he or she forfeits all rights to claim or receive the Prize and an alternate Prize Winner will be selected using the methods described above. By accepting the Prize, the Prize Winner acknowledges compliance with these Official Rules. If the Prize is not won and claimed by an eligible entrant in accordance with these Official Rules, it will not be awarded and will remain the property of Sponsor.
Prize: The Prize Winner will receive: a Mini Swell Electric Bike. Any taxes and additional shipping costs (upon delivery of package) are the sole responsibility of Prize Winner. The estimated retail value of the Grand Prize is $2,399USD. Prize is not transferable or exchangeable and cannot be redeemed as cash. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The estimated retail value of the prize represents Sponsors’ good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated estimated retail value, the difference will not be awarded in cash. Sponsors’ makes no representation or warranty concerning the appearance, safety, or performance of any prize awarded. Taxes, if any, are the sole responsibility of the Prize Winner. Sponsor makes no warranties or disclaimers concerning the Prize beyond those customarily given by the supplier of the Prize.
RELEASE AND PUBLICITY: ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND INSTAGRAM AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE CONTEST. ENTRANTS AGREE THAT NEITHER SPONSOR NOR INSTAGRAM IS LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN THIS CONTEST AND ACCEPTANCE, POSSESSION AND USE OF ANY PRIZE. SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE CONTEST OR IN THE ANNOUNCEMENT OF THE PRIZE. BY RECEIPT OF THE PRIZE AND BY SIGNING AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, EACH WINNER CONSENTS TO THE USE OF HIS OR HER NAME, AND ADDRESS BY SPONSOR FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED. NO ENTRIES WILL BE RETURNED. ALL ENTRIES BECOME THE PROPERTY OF SPONSOR.
LIMITATION OF LIABILITY: Sponsors assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Contest; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest. If for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsors reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In such an event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsors reserve the right to award any remaining prizes (up to the total estimate retail value as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsors. Sponsors and Released Parties shall not have any further liability to any participant in connection with the Contest.
DISPUTES: EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO ARBITRATION CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, TO TAKE PLACE IN NEW YORK, NEW YORK; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH THE GIVEAWAY, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF NEW YORK OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK.
INSTAGRAM: YOU ACKNOWLEDGE THAT THE GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. ANY INFORMATION YOU PROVIDE IS TO SPONSOR AND NOT TO INSTAGRAM.
Contest Results and Official Rules: To obtain the identity of the Prize Winner and/or a copy of these Official Rules, send an email to either
email@example.com or send a self-addressed stamped envelope to either Hurley International LLC, c/o 250 Madison Avenue, 15th Floor, New York, New York 10016, Attn: Hurley E-Bike Giveaway or NOGIN, 946 W. 17th Street, Costa Mesa, California 92656, Attn: Hurley E-Bike Giveaway.