Contest Official Rules
TO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND DISTRICT OF COLUMBIA EXCEPT RHODE ISLAND, NEW YORK, ALASKA, HAWAII AND FLORIDA, 18 OR OLDER. VOID WHERE PROHIBITED.
1) ELIGIBILITY: The Contest (the "Promotion") is open to legal residents of the United States and District of Columbia who are 18 years of age or older at the time of entry except residents of Rhode Island, New York, Alaska, Hawaii or Florida. Employees of State Bicycle Co. or Skullcandy, Inc. and it’s wholly owned subsidiaries (the “Sponsor”) and its respective affiliates, retailers and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, children and each of their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to enter or win. The Promotion is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations.
2) TIMING: The Promotion begins at 12:01 a.m. Pacific Time (“PT”) on April 15, 2022 and ends at 11:59 p.m. PT on April 29, 2022 (the “Promotion Period”).
3) HOW TO ENTER THE PROMOTION: In order to be eligible for this Promotion entrant must sign up for marketing emails and SMS on Skullcandy.com as well as enter their phone number and receive a text with an entry code. There is no charge for this application. No purchase is necessary to enter or win. Multiple entries received from any person after the first entry received from that person will be void. All entries must be received by 11:59 p.m. PT on April 29, 2022 to be eligible. The use of robotic, automatic, macro, programmed, or like methods for participation in this Promotion is strictly prohibited and all such entries will be void. If the entry process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s), such as random selection. All decisions by Sponsor are final. In the event of a dispute as to who submitted any entry, the email address used to participate will be deemed to be the entrant provided he/she is eligible. Potential winner may be required to show proof of being the authorized email account holder.
4) WINNER VERIFICATION: Sponsor will utilize Attentive (https://www.attentivemobile.com/) to randomly select a winner from the eligible entries received during the Promotion Period; potential winners will be chosen on May 2, 2022. The winner will be notified by SMS and must confirm within 48 hours. If after 48 hours the winner does not confirm a new winner will be randomly selected and contacted via SMS. Participants will be notified once a winner has been chosen. The decision is final and binding on all matters relating to the Promotion. Odds of winning a prize depend upon the number of eligible entries received. Potential winners will be notified via SMS and may be required to execute and return an affidavit of eligibility/liability release, tax form and, where legal, a publicity release (collectively, the “Eligibility Documents”) within five calendar days of date of issuance. If potential winners cannot be reached within five calendar days from the first notification attempt, or in the event of noncompliance within the above stated Eligibility Documents time period, with these Official Rules, or if prize notification is returned as undeliverable, prize will be forfeited and, at Sponsor’s sole discretion, an alternate prize winner may be selected.
5) PRIZES: One winner will be chosen. Winner will receive 1 coupon code that will cover the full cost of the State Bicycle Co. x Wu-Tang Clan - Klunker (27.5”) bicycle and shipping. Code will be redeemed at https://www.statebicycle.com/ . Total retail value: $499.99 plus the cost of shipping.
6) TAXES AND EXPENSES: Winners are solely responsible for all federal, state, and local taxes and all other fees and expenses associated with prize acceptance and use not specified herein as being awarded.
7) CONDITIONS OF ENTRY: By participating the entrants consent to the use of their names, cities and states of residence, voices, and/or photographs and/or similar related information for promotional, advertising and other purposes in any and all media now or hereafter known throughout the world in perpetuity by Sponsor and its designees, without additional compensation, notification or permission, except where prohibited by law. In addition, by participating each entrant (and, if an eligible minor, his/her parent or legal guardian) fully and unconditionally agrees to and accept these Official Rules and the terms and guidelines at www.skullcandy.com. Pictures altered or changed in any manner after they have been uploaded will be disqualified. Any entry deemed inappropriate or unsuitable for posting, in Sponsor’s sole discretion, will be disqualified. The picture must not contain unsuitable content or depict or incorporate unsafe behavior or situations; obscenity, lewd or inappropriate images, words or text; nudity; acts of violence or acts that appear to cause harm or are illegal/dangerous; disparagement of any person or product; racist innuendo; illegal drug or alcohol use; or other offensive conduct or material, as determined in Sponsor's sole discretion. Further, the picture must be entirely original to the entrant and must not include any information that can be used to personally identify an individual.
8) CONSUMER CREATED CONTENT: If the entry for the Promotion includes any creative material from the participant, including but not limited to, consumer created content (including but not limited to text, photos and artwork), by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the company or Sponsor under any fiduciary or other obligation, that Sponsor is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting Sponsor a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
9) CONDUCT AND DECISIONS: By participating in the Promotion, participants agree to be bound by the Sponsor’s decision. Persons who violate any rule, gain unfair advantage in participating in the contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the contest and Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Sponsor, Sponsor reserves the right to terminate this contest, or make such other decisions regarding the outcome as Sponsor deems appropriate. All decisions will be made by Sponsor and are final. Sponsor may waive any of these rules in its sole discretion.
10) LIMITATIONS OF LIABILITY: Entrants (and, if eligible minors, their parents or legal guardians) agree to release and hold harmless Sponsor Attentive and each of their respective parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees, and agents (collectively, “Releasees”) from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Promotion or from the acceptance or use of any prize awarded. Entrants agree to indemnify and hold harmless Releasees from and against any and all claims, actions, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from any allegation that any materials that entrant posts or submits to Releasees infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party. Releasees are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process of the Promotion; (iv) late, lost, stolen, undelivered, misdirected, delayed, inaccurate, garbled or incomplete entries, or for any electronic, computer, printing, typographical, human or other error relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes, or in any Promotion-related materials (including these Official Rules); or (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware, or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion. Sponsor reserves the right to cancel or modify the Promotion (or any portion thereof) if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Promotion (or portion thereof), as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes in a random drawing from among all eligible, non-suspect entries received up to the time of the impairment. Releasees shall also not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control.
11) DISPUTES: Except where prohibited, entrant (and, if an eligible minor, his/her parent or legal guardian) agrees that: (a) 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 State of California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Promotion, and in no event shall entrant be entitled to receive attorneys’ fees or other legal costs or expenses; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. 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 Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Utah.
12) RULES/WINNERS NAME: For the name of the winners, available after March 22, 2022, or for an additional copy of these Official Rules, mail a self-addressed stamped envelope to: The Skullcandy x State Bicycle Co., 6301 N. Landmark Dr., Park City, Utah, 84098. Please specify “Official Rules” or “Name of Winner”. Vermont residents may omit return postage for “Rules” requests. You may also view these Official Rules at www.skullcandy.com.
13) SPONSOR: Skullcandy, Inc., a Delaware corporation, 6301 N. Landmark Dr., Park City, Utah, 84098.