Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.  SUBJECT TO ALL APPLICABLE FEDERAL, STATE, MUNICIPAL, AND LOCAL LAWS AND REGULATIONS AND VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  

AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.  ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 

By entering into the La Sportiva Cyklon Giveaway (the "Sweepstakes"), you agree to be bound by the terms and conditions set forth in these rules (the “Official Rules”) and represent that you satisfy all eligibility requirements set forth herein.  You confirm you are at least eighteen (18) years old and have reached the age of majority in your jurisdiction of residence at the time of opt-in (nineteen (19) in Alabama and Nebraska; twenty-one (21) in Mississippi). By entering the Sweepstakes, you agree to sign up to receive newsletters and special offers from the Sponsor.

Sponsor: The Sweepstakes is sponsored by BOA Technology, Inc., located at 3575 Ringsby Court, Suite 200, Denver, Colorado, 80216 (the "Sponsor").

Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States (and the District of Columbia) who (a) are at least eighteen (18) years of age and have reached the age of majority in their jurisdiction of residence at the time of opt-in (nineteen (19) in Alabama and Nebraska; twenty-one (21) in Mississippi), and (b) provide a valid email address to Sponsor (each, an "Entrant"). Entrants’ proof of residency and age may be required. Employees, independent contractors, interns, officers, directors, and agents of Sponsor and/or its parent companies, subsidiaries and affiliates, as well as the immediate family members (spouse, parents, siblings and children and each of their respective spouses, children and siblings) of each of the foregoing and persons living in the same households of each of the foregoing are not eligible to enter or win in this Sweepstakes. 

Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules, and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Entry Period: The Sweepstakes begins at 12:00am Mountain Standard Time ("MST") on May 3, 2021 and ends at 11:59pm MST on June 7, 2021 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Sweepstakes.  

How to Enter; No Purchase Necessary: At the beginning of the Entry Period, you may enter the Sweepstakes by visiting www.BOAFit.com/TrailRunnerMagazine (the “Sweepstakes Site”) and completing the Sweepstakes entry form. There is a limit of one (1) entry per person/email address. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.

By entering the Sweepstakes in accordance with the entry process described above, you will be registering to receive email communication from Sponsor and agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by Sponsor in accordance with its Privacy Policy, a current copy of which can be found here: https://www.BOAfit.com/en-us/privacy-policy.

Drawing: After the Entry Period, on or about June 8, 2021, Sponsor will select three (3) potential winners in a random drawing of all eligible entries received. The odds of being selected depend on the total number of eligible entries received.

Notification and Requirements of Potential Winners: Sponsor will attempt to notify potential winner(s) within five (5) business days of the drawing by email. If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining eligible entries received. Only three (3) alternate potential winners will be contacted. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.

Prize(s): Following the conclusion of the Entry Period, three (3) winners will receive the following: a pair of the new BOA-powered La Sportiva Cyklon trail running shoe (each, a “Prize”). The total approximate retail value (“ARV”) of each Prize is $165. 

Get dialed in, locked in, and connected to the trail in the new BOA-powered La Sportiva Cyklon.  Available in men’s and women’s, every aspect of the shoe is engineered to deliver revolutionary fit and performance on the trail and was designed and tested in BOA’s state of the art Performance Fit Lab to improve running efficiency and reduce landing impact.

Any Prize details not specified above will be determined by Sponsor in its sole discretion. The values of the Prize set forth above represents Sponsor's good faith determination of the ARV thereof—the actual fair market value of the Prize may vary based on delivery location and other factors, will be determined in Sponsor’s sole and absolute discretion, and will be final and binding and cannot be appealed. Travel prizes are subject to availability and blackout dates. Other restrictions may apply and Sponsor, in its sole discretion, will provide these details during the redemption process. A Prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a Prize with another prize of equal or greater value if the Prize is not available for any reason. Payment or liability for any and all federal, state, or local taxes is the sole responsibility of the winner. Consult your tax professional with questions regarding potential tax liability.

General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the Prize(s) at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, its parent, subsidiaries, affiliates, the prize providers and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (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 Sweepstakes 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 Sweepstakes or receipt or use of any Prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Privacy and Use of Information Submitted: Personal information collected from Entrants, which includes, but may not be limited to, name, mailing address, telephone number, and email address, will be collected by Sponsor for the purposes of administering the Sweepstakes, fulfilling the Prize(s), and for other purposes, including Sponsor’s use of such personal information for marketing purposes. Sponsor's collection and use of such personal information is subject to Sponsor’s Privacy Policy, which can be found at https://www.BOAfit.com/en-us/privacy-policy.  Entrants may at any time revoke the use of such information by providing written notice to Sponsor or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communications and may not apply to transactional communications including those associated with entry in this Sweepstakes.  

Publicity: Except where prohibited, participation in the Sweepstakes constitutes an Entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

Disputes: BINDING AGREEMENT TO ARBITRATE: YOU AND SPONSOR BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE OFFICIAL RULES OR FROM ANY GOODS OR SERVICES YOU RECEIVE FROM SPONSOR (OR FROM ANY RELATED ADVERTISING), INCLUDING ANY DISPUTES BETWEEN YOU AND SPONSOR'S EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT BY AGREEING TO THESE OFFICIAL RULES, ARBITRATION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN YOU AND SPONSOR. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE OFFICIAL RULES, YOU AND SPONSOR ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY, AND THAT YOU AND SPONSOR ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION.  You and Sponsor both agree that:

            a) Notice of Dispute. If either you or Sponsor intends to arbitrate under these Official Rules, the party seeking arbitration must first notify the other party of the Dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to Sponsor should be sent either by mail to BOA Technology, Inc. (attn.: Nikki Kitain), 3575 Ringsby Court, Suite 200, Denver, Colorado, or email at webmaster@BOATechnology.com. Notice to you will be to your email address(es) and street address(es), if any, that Sponsor has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within thirty (30) days, either party may then file a claim for arbitration.

            b) Arbitration Procedure. The Federal Arbitration Act applies to these Official Rules. Any and all Disputes will be resolved by arbitration administered by the American Arbitration Association (“AAA”), which will apply the AAA's Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get additional information from the AAA (www.adr.org). These Official Rules govern to the extent they conflict with the AAA’s Rules.

            c) Arbitration Location. Unless you and Sponsor agree otherwise, the arbitration must take place in the county of your primary residence or Denver, Colorado.

            d) Choice of Law.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.

            e) Arbitration Fees and Expenses. Sponsor will reimburse any filing fee that the AAA charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.

            f) Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof, but the remainder of the agreement to arbitrate will be binding and enforceable. The parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.

CLASS ACTION WAIVER. THESE OFFICIAL RULES DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE OFFICIAL RULES, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE OFFICIAL RULES CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

JURY TRIAL WAIVER. IF, FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SPONSOR AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND SPONSOR UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, Entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of Prizes or participation in any Prize-related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.

Results: To request a winners list, send a self-addressed, stamped envelope (Vermont residents need not affix return postage) to: Boa Technology, Inc., 3575 Ringsby Court, Suite 200, Denver, Colorado, 80216. Requests must be received within four (4) weeks of the end of the Entry Period.

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