ÖHLINS/ARCH MOTORCYCLE PHOTO CONTEST (the “Promotion”)
Official Contest Rules
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA) AND CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AS OF THE DATE OF ENTRY.
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
PROMOTION PERIOD. Promotion begins June 1, 2022 when the contest notice is posted on Sponsor’s Instagram page and ends December 31, 2022 11:59 PM EST, when all entries must be received (“Promotion Period”). Sponsor’s timeclock will be the exclusive timekeeper for all Promotion purposes. Proof of sending a Submission does not constitute proof of receipt by Sponsor.
ELIGIBILITY. This Promotion is only open to legal residents of the 50 United States (including the District of Columbia) and Canada (excluding Quebec) who are at least the age of majority in their state, district or province of residence as of the date of entry, except current officers, directors, members, and employees of the Sponsor, ARCH Motorcycle, the judges, or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void in Quebec and outside the 50 United States, the District of Columbia, Canada and where prohibited.
HOW TO ENTER. To enter the Promotion, take a picture or video of an Öhlins-equipped motorcycle or a motorcycle you think would be even better with Öhlins suspension and upload the picture/video to your Instagram feed. If you choose a motorcycle that is NOT Öhlins equipped, please explain in your post why you think Öhlins would improve the motorcycle. Make sure to include the hashtag #winthearchexperience tagging Öhlins Racing – Motorcycle (@ohlinsracingmotorcycle), Öhlins USA (@ohlinsusa) and ARCH Motorcycle (@archmotorcycle) in the caption of the post (using your Instagram account) and tell us how riding motorcycles became your passion and what you like best about riding.
All entries must be submitted during the Promotion Period.
To have a valid entry, your social media accounts cannot be set to private. Sponsor is unable to track your posts for entry purposes if your account is set to private.
Your entry must be posted through your valid and active social media account. In the event of a dispute, entries received shall be deemed to be submitted by the “Authorized Account Holder” of the account used at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an account by an internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning the account associated with the entry. If Entrant does not already have an Instagram account, one can be opened for free by visiting www.Instagram.com. Sponsor does not control whether or not any social media platform will grant you an account. All entries must comply with the applicable site terms and conditions. If your entry does not meet the criteria herein, as determined at Sponsor’s discretion, your entry may be ineligible. Entries will not be acknowledged.
One (1) entry per person per motorcycle. If you have more than one motorcycle, you can enter multiple times- one for each motorcycle.
Submission Format And Content
Entries must, in the sole discretion of Sponsor:
- be in English;
- be completed by the entrant;
- include an explanation of how riding became your passion and what is your favorite part about riding,
- include the hashtag #winthearchexperience,
- tag Öhlins Racing – Motorcycle (@ohlinsracingmotorcycle), Öhlins USA (@ohlinsusa), and ARCH Motorcycle (@archmotorcycle) in the caption of the post,
- be submitted only once per motorcycle entrant owns;
- be intended for a family audience and contain only content that is suitable for all persons and all ages;
- not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network;
- not contain or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation;
- not contain any trademarks or copyright-protected works (other than owned by Sponsor or ARCH Motorcycle or as owned or properly licensed by the entrant) and in any event not infringe any other intellectual property right or publicity/privacy right of any person or entity;
- be submitted in a format and size acceptable to Instagram;
- not show the entrant in any state of undress or in inappropriate attire, as determined by Sponsor in its sole discretion;
- not contain the last name, phone number(s), address, or email address of any person, including the entrant;
- be a personal photo/video of the entrant or someone the entrant is affiliated with and has the necessary permissions as set forth herein and must NOT include any famous or notable entity or person(s) whether living or deceased, or images of any creative works of a third party, unless entrant has verifiable permission to use such content, which will be provided to Sponsor upon request;
- may include images of persons other than the entrant; however, any prize awarded will be awarded ONLY to the entrant. All persons featured in the photo must acknowledge that they are not being entered in the Promotion and are not eligible to win the prize and must be either the age of majority in their jurisdictions of residence (and at least 18) or have the permission of their parent or guardian, and at the request of Sponsor, the entrant must be able to provide a privacy release that covers any individual included in the photo;
- not include any of the following: (a) materials relating to lotteries or gambling; (b) explicit content, images of violence, or promotion of illegal activities; (c) libelous, defamatory, disparaging, tortious or slanderous materials; (d) content that denigrates, disparages or reflects negatively on Sponsor, Instagram, their owners and employees; (e) tobacco, e-cigarettes, alcohol or drugs; (f) dangerous stunts or depictions; (g) real weapons of any kind including, but not limited to, guns, knives or projectiles; (h) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (i) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the entry is created; and (j) materials that are sexually explicit or include any other content that Sponsor finds objectionable or in poor taste in Sponsor’s sole discretion.
Normal time, toll, connection and usage rates, if any, charged by your Internet Service Provider will apply. No automated entry devices and/or programs permitted. Sponsor and Instagram are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Any entries which do not comply with all requirements outlined herein may be disqualified.
WINNER SELECTION AND NOTIFICATION. Judging: All eligible entries will be judged by an independent panel of judges on a monthly basis, during and after the Promotion Period as applicable, based on a 1-10 grade for each of the following criteria, with a maximum weighted score of 40:
- Artistry (25%): Does entry capture the motorcycle and suspension in a manner which is artistically compelling to motorcycle enthusiasts?
- Originality (25%): Does entry reflect an original idea which uniquely reflects entrant’s personality?
- Passion (50%): Does entry reflect a true passion for motorcycles?
Initial Judging to Select Semi-Finalists
Each month during the Promotion Period, the four (4) entries with the highest score in the above criteria will be selected as semi-finalists. Eligible entries will be rolled over into the following judging periods, so if an entry was not selected as a semi-finalist in the month in which it was submitted, it might still be chosen in future months, if the entry has a higher score than any newly submitted entries. If there are more than four available semi-finalist spots available in the last month of the Promotion Period, the entries with the highest scores will be selected as semi-finalists until a total of thirty-one (31) semi-finalists are chosen.
Semi-finalists will be notified via Direct Message to the Instagram account used to enter and must respond to the Direct Message within two (2) days by emailing client at the provided Promotion email address, providing the following:
- the video/picture used in your entry;
- your size of clothing for the prize kit;
- physical address for delivery of semi-finalist prize; and
- a brief statement regarding your dream riding destination, what you would stop to see, who you would take with you and why it is your dream riding destination.
In the event that any potential semi-finalist does not respond to any such prize notification within two (2) days of the date of issuance, a disqualification will result and the prize will be forfeited. The entry with the next highest judges’ score will then be selected as the alternate semi-finalist.
Upon verification of the monthly semi-finalists, Sponsor will feature one semi-finalist per week during the following month through Sponsor’s media channels, at Sponsor’s discretion.
Second Judging of Finalists to Select First Prize & Grand Prize Winners
Following the Promotion Period, the judges will judge the semi-finalists’ entries along with each semi-finalist’s submission regarding his or her dream riding destination, and provide a new score based on a 1-10 grade for each of the following criteria, with a maximum weighted score of 20:
- Passion (50%): Does entry reflect a true passion for motorcycles?
- Originality (50%): Does entry reflect an original idea which uniquely reflects entrant’s personality?
The semi-finalist with the highest judges’ score will be awarded the grand prize, and the two (2) semi-finalists with the next highest judges’ scores will be awarded the first prizes. In the event of a tie between any entries, the entry with the higher score in the Passion criteria will prevail. If there is still a tie, Sponsor will select an independent judge to score the tied entries based on the above criteria until a winner is selected.
Winners and semi-finalists may be required to sign and complete an Affidavit of Eligibility, a Release of Liability, and/or a Publicity Release as further discussed below, and at Sponsor’s discretion, successful completion of a background check. If any potential winner or semi-finalist cannot be contacted at any stage of the Promotion or fails to submit information required by Sponsor or fails to respond as required at any time or to return the required documents within the specified time period, or pass a background check, or if any prize or any required documentation is returned as undeliverable, or in the event of noncompliance with these Official Rules and requirements in any manner, or if any potential winner cannot travel on the specified date or otherwise cannot use the prize for any reason, the prize will be forfeited, and such potential winner(s)/semi-finalist(s) may be disqualified. Upon prize forfeiture, no compensation will be given. Sponsor is not responsible for unsuccessful efforts to notify any potential winner or semi-finalist. If a prize is forfeited for any reason, the entry with the next highest judges’ score will be the alternate potential winner or semi-finalist.
Grand Prize: There will be one (1) grand prize winner who will receive The Arch Experience, consisting of a tour of the ARCH Motorcycle factory, session with the Arch design team to design a custom motorcycle, and a rendering of the custom Arch bike, plus roundtrip coach airfare for one (1) within North America, two (2) nights standard hotel accommodations, and a Deluxe Swag Kit as outlined below. The approximate retail value (“ARV”) of the grand prize is $2,500.
First Prize: There will be two (2) first prize winners who will each receive a Deluxe Swag Kit, consisting of items such as clothing, lanyard, bag, gloves, jacket, sweater. (ARV of each first prize is $300)
Second Prize: There will be twenty-eight (28) second prize winners who will each receive a Swag Kit, consisting of items such as clothing, lanyard, bag, gloves. (ARV of each second prize is $150)
Total ARV for all prizes is $7,300.
Prizes must be accepted as awarded, and prizes are awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Winners are fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). Sponsor will issue required tax documentation as required under federal law.
Additional Prize Conditions: All costs and expenses associated with prize acceptance and use not specified herein as being provided, including but not limited to transportation costs to and from the airport or any prize destination, meals, gratuities and other expenses incurred by accepting the prize are the sole responsibility of each individual winner. Actual value may fluctuate depending on airfare and location of departure city. The trip must be taken on dates specified by Sponsor or the prize will be forfeited. Travel and hotel accommodation restrictions may apply. Finalist is responsible for obtaining all required travel documents and valid driver’s license, as needed, prior to travel and must have no impediment to traveling. Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute any prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Flight details, timing of The Arch Experience and hotel accommodations shall be determined in the sole discretion of Sponsor. Winner agrees to comply with all applicable regulations, requirements and requests of Sponsor and Arch in connection with the prize, as applicable. Sponsor and Arch reserve the right to remove or to deny entry to the Arch facilities to winner in the event winner engage(s) in a disruptive or offensive manner, or with intent to annoy, abuse, threaten or harass any other person at the event. Sponsor Entities (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage, pandemic or any other natural disaster outside their control that may cause the cancellation or postponement of any event. Prize may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture. Prize winner is responsible for obtaining any travel insurance (and all other forms of insurance) winner deems advisable at winner’s option and hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance on winner’s behalf. Any specific elements of any prize which are not specifically outlined above will be determined by Sponsor in its sole discretion.
OWNERSHIP AND LICENSE. The copyright in any entry materials shall remain the property of the entrant, but entry into this Promotion constitutes entrant’s irrevocable and perpetual permission and consent, without further compensation, with or without attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such entry materials, and the entrant’s name and/or likeness, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the entry materials. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the entry in their sole discretion.
CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), social media platforms, and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) entry into the Promotion constitutes the consent of each entrant, without further compensation, to use his/her name, likeness, biographical data, contact information and his/her entry materials for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion, associated travel, and/or the use, misuse, or possession of his/her entry materials or any prize; (iii) any potential winner will be required to sign an Affidavit of Eligibility (including social security number) and a Liability/Publicity/Copyright release; and (iv) if prize involves travel or activities, any potential winner may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Fully-executed affidavits and releases must be received by Sponsor within five (5) days from the date that Sponsor first tries to notify the potential winner or as otherwise specified by Sponsor in writing. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor Entity, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner with the next highest judges’ score.
DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated for any reason, Sponsor, in its sole discretion, may elect to select a winner from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein based on the judging criteria. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
BINDING ARBITRATION: These Official Rules, any promotion and any cause of action arising from any promotion shall be governed by the laws of Illinois, USA without giving regard to its conflict of laws principles. Any controversy or claim arising out of or relating to these Official Rules or any promotion shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Chicago, Illinois, and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Illinois, County of Cook. Each party shall bear his/her own legal expenses in such arbitration. Notwithstanding the foregoing, the Parties may seek injunctive remedies in any court of competent jurisdiction if such remedies are not readily available through the arbitration procedure or if readily available, are not effectively enforced by the relevant courts. Each party shall bear his/her own legal expenses in such arbitration.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THE CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN A PROMOTION, EACH ENTRANT (AND PARENT/LEGAL GUARDIAN IF ENTRANT IS AN ELIGIBLE MINOR) AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH ANY PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
NOTICE CONCERNING SOCIAL MEDIA PLATFORMS: The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and the third parties it has engaged to assist it in administering the Promotion and not to Instagram. The owners and operators of Instagram are completely released from all liability by each entrant in this Promotion. Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not Instagram.
Winners’ LIST: The name of the winner will be announced following the drawing via the applicable social media platform.
Sponsor: Öhlins Racing AB, whose registered office is at Box 722 194 27 Upplands Väsby, Sweden.