RAGBRAI, the world’s oldest, longest and largest multi-day bicycling event will celebrate its 50th anniversary in the summer of 2023! Our friends at Tipico Sportsbook are giving one lucky winner (plus their guest) a chance to win a trip to witness the celebration firsthand! The prize package includes:
- Two (2) week-long rider entries to RAGBRAI 2023 scheduled for July 22 – July 29, 2023 in Iowa
- Two (2) round-trip coach class airplane tickets for the winner and one (1) guest
- Nine (9) nights of hotel accommodations
- Two-thousand dollars ($2,000) spending money
See Official Rules and enter your information below for a chance to win…
The Sweepstakes closed as of August 13, 2022 at 11:59 p.m. ET. Stay tuned for the winner’s announcement
RAGBRAI 50th Anniversary Sweepstakes Official Rules
Last updated July 14, 2022
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED BY THE ENTRY DEADLINE. VOID WHERE PROHIBITED BY LAW. SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
Please read these Official Rules carefully, as it requires the resolution of disputes and claims through arbitration rather than court.
SPONSOR
This RAGBRAI 50th Anniversary Sweepstakes (the “Sweepstakes”) is sponsored by Tipico USA Technology, Inc., a Delaware corporation, with principal office at 80 River Street, Suite 4B, Hoboken, NJ 07030 (“Sponsor”). Sponsor, Gannett Media Corp., its affiliates and subsidiaries, and the Administrator identified below, are referred to as the “Sweepstakes Entities.”
SWEEPSTAKES ADMINISTRATOR
Ventures Endurance, LLC, 85 Devonshire Street, 9th Floor, Boston, Massachusetts 02109 (the “Administrator”).
SWEEPSTAKES PERIOD
The Sweepstakes begins at 12:01 a.m. Eastern Time (“ET”) on July 16, 2022 and ends at 11:59 p.m. ET on August 13, 2022 (the “Sweepstakes Period”).
ELIGIBILITY
The Sweepstakes is open only to persons who are twenty-one (21) years of age or older at the time of entry, and who are legal residents and physically reside within the United States, excluding New York, Florida, Hawaii, Alaska and Puerto Rico (each, the “Entrant” or collectively, the “Entrants”). Employees, contractors or interns of the Sweepstakes Entities, and each of their respective divisions, affiliates, parent companies, subsidiaries, advertising and promotion agencies (including, in each case, immediate family members) are not eligible to enter the Sweepstakes. For purposes of this Sweepstakes, “immediate family members” is defined as spouses, siblings, parents, children, grandparents and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension, and any other persons residing at the same household location, whether or not related.
In order to enter the Sweepstakes or win a prize in this Sweepstakes, the Entrant must comply fully with these Official Rules, and by entering the Sweepstakes agrees and unconditionally accepts these Official Rules and the decisions of Sweepstakes Entities, whose decisions shall be binding and final in all respects. Sweepstakes Entities reserve the right, in their sole determination, to permanently disqualify any Entrant that Sweepstakes Entities reasonably believe has tampered with the entry process or the operation of the Sweepstakes, acted in violation of these Official Rules, or acted in an unsportsmanlike manner. Void where prohibited or restricted by law.
HOW TO ENTER THE SWEEPSTAKES AND SWEEPSTAKES RULES
During the Sweepstakes Period, the Entrant must go to https://ragbrai.com/ragbrai-sweepstakes-2022 (the “Sweepstakes Homepage”). The Entrant should follow all posted instructions and enter his or her name, email address, state of residence, as well as other requested information to be entered in the Sweepstakes (each, the “Entry” and collectively, the “Entries”). By submitting the Entry, the Entrant is affirming agreement to these Official Rules. Each Entrant is limited to one (1) Entry per person during the Sweepstakes Period. All Entries must be received by 11:59 p.m. on August 13, 2022 to be eligible to win a prize in this Sweepstakes (the “Entry Deadline”). For purposes of this Sweepstakes, an Entry is “received” when Administrator’s servers record the Entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an Entry for purposes of this Sweepstakes. Administrator’s database clock will be the official timekeeper for this Sweepstakes. Each Entrant is limited to one (1) Sweepstakes email address. Multiple participants in this Sweepstakes are not allowed to share an email address. Any Entrant that Sweepstakes Entities reasonably believe has utilized or created multiple email addresses, or identities will be disqualified, and all Entries may be voided. Sweepstakes Entities reserve the right, in their sole determination, to permanently disqualify an Entrant if any Sweepstakes Entities reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Sweepstakes by tampering with the entry process or the operation of the Sweepstakes, acting in violation of these Official Rules, or acting in an unsportsmanlike manner. This expressly includes but is not limited to any attempt to enter this Sweepstakes by using multiple emails addresses or identities.
ENTRY INFORMATION; COMMUNICATIONS; OPT-OUT.
As a condition of entering the Sweepstakes, and by entering, each Entrant gives consent for Administrator to obtain, process, store and deliver Entrant’s name, email address, state of residency, and other collected information to the Sweepstakes Entities and to Administrator’s service providers and business partners: (i) for the purpose of administering this Sweepstakes; (ii) to comply with applicable laws, regulations and rules; and (iii) to communicate with Entrant about offers and promotions from the Sponsor, Administrator, and Administrator’s affiliates and/or business partners. Any information Entrant provides to Administrator may be used to communicate with Entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list and/or for the other purposes specified herein. Collection and use of personally identifiable information will be in accordance with Sponsor’s Privacy Policy, Administrator’s Privacy Policy, or the applicable business partner’s privacy policy. Any email communication from Sponsor, Administrator, Administrator’s service providers and/or its business partners will contain an Unsubscribe link enabling Entrant to opt-out of further communications (except for Sweepstakes administration if Entrant continues to participate after unsubscribing). Entrant may request deletion of their collected information by sending an email to ragbraisweeps@gannett.com, requesting the deletion of collected information, and following the instructions provided.
ODDS OF WINNING
Odds of winning depend on the number of eligible Entries received by the Entry Deadline.
WINNER SELECTION
On or about August 19, 2022, one (1) Entrant will be chosen in a random drawing from all eligible Entries received by the Entry Deadline (the “Winner”). The Winner is deemed a “potential winner” pending verification of eligibility and compliance with these Official Rules.
The decisions of Sweepstakes Entities as to the administration and operation of the Sweepstakes and the selection of the potential Sweepstakes prize winner and in all other matters related to the Sweepstakes are final and binding.
If any potential prize winner is found to be ineligible, or has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected in a random drawing.
NOTIFICATION OF THE WINNER
The potential prize winner will be notified within seven (7) business days after the drawing in accordance with the contact information supplied by the Entrant at the time of entry (“Prize Notification”). Prize Notification is deemed to have occurred immediately upon the sending of an email or any other form of communication Sweepstakes Entities may use to contact a potential prize winner. If a potential prize winner does not respond to the Prize Notification within seven (7) days after the Prize Notification, Sweepstakes Entities may select an alternate prize winner in a random drawing from all remaining eligible Entries. Sweepstakes Entities reserve the right to modify the notification procedures in connection with the selection of any alternate potential prize winner, if any.
REQUIRED DOCUMENTATION
The potential prize winner may be required to submit an affidavit of eligibility/release of liability/prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive any prize(s). If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sweepstakes Entities, submits a falsified or fraudulent Affidavit, or if the prize or Prize Notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected in a random drawing, in Sweepstakes Entities’ sole determination. Non-compliance with these Official Rules shall result in disqualification and award of the prize(s) to an alternate winner. Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
PRIZE
The potential winner is subject to verification and the potential winner’s full compliance with these Official Rules before any prize will be awarded. Once verified in accordance with these Official Rules, a potential winner is deemed a “Winner.”
There will be one (1) prize awarded in the Sweepstakes. The following prize package will be awarded to the Winner (the “Prize Package”):
- Two (2) tickets to RAGBRAI 2023 (the “Event”) currently scheduled for July 22 – July 29, 2023 in Iowa [ARV is Five Hundred Dollars ($500)]; and
- Two (2) round-trip coach class airplane tickets for the Winner and one (1) guest of the Winner (the “Guest”) from a major commercial airport chosen by Sweepstakes Entities near the Winner’s home to an airport in Des Moines, Iowa [ARV is Three Thousand Dollars ($3,000) but will vary depending upon point of department and market fluctuations]; and
- Nine (9) nights of hotel room accommodations (one-room, double–occupancy) at a hotel chosen by Sweepstakes Entities in or around Des Moines, Iowa [ARV is Two Thousand Two Hundred Fifty Dollars ($2,250) but will vary depending upon point of departure and market fluctuations]; and
- Two Thousand Dollars ($2,000) payable to the Winner.
The total ARV of the Prize Package is Seven Thousand Seven Hundred Fifty Dollars ($7,750). The actual retail value may vary depending on the Winner’s residence, market conditions, date/time of arrival, changes in value of components (e.g. air transportation and hotel rates) and other factors. Sweepstakes Entities are not responsible for and the Winner will not receive the difference between the actual value of the Prize Package at the time of award and the stated ARV.
The Prize Package does not include ground transportation between the Winner’s residence and major commercial airport (unless specified), upgrades, travel insurance, meals, in-room charges (e.g. mini-bar, movies), alcoholic beverages, telephone calls, merchandise, souvenirs, personal expenses, laundry service, spa treatments, tips and gratuities, incidental charges, parking or any other item not specifically described in these Official Rules or in the travel details provided to the Winner, and all expenses for any of the foregoing are the responsibility of the Winner.
The Winner must be able to travel on dates around the Event (or on such other dates designated by Sweepstakes Entities), and the Winner will forfeit the Prize Package in the event that the Winner is unable for any reason to travel within the dates provided by Sweepstakes Entities. All travel arrangements must be made through travel agent of Sweepstakes Entities’ selection on a carrier of Sweepstakes Entities’ choice. Air travel may be subject to restrictions. The Winner and the Guest must travel on the same itinerary, including departure date and return date, and travel must be roundtrip. Prize travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change and outside the control of Sweepstakes Entities. The Winner and the Guest are solely responsible for determining and obtaining, at his/her own expense, required travel documents. Certain travel and security restrictions may apply, and it is the responsibility of the Winner and the Guest to comply with all travel, security and other laws, regulations, and airline passenger rules that apply to them. Sweepstakes Entities are not responsible for airline cancellations, blackout dates, delays, diversions or substitutions and no refund or compensation will be awarded in any such event. All airline tickets issued in conjunction with the Prize Package are not eligible for upgrades, frequent flyer miles or any other promotional benefit.
Each provider of components of the Prize Package may have its own protocols, policies, and procedures relating to COVID-19 (and any variants or other pandemic), and the Winner and the Guest must comply with all such requirements of Sweepstakes Entities, hotel, airline, Event, Event owner, facility owner, and/ or Event promoter. Failure of the Winner and/ or Guest to comply with these protocols, policies, and procedures relating to COVID-19 could result in a forfeiture of that portion of the Prize Package without any additional compensation. The Winner and the Guest must also comply with CDC guidelines, recommendations of health officials, and government guidelines regarding travel restrictions and mandatory quarantines. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19 (and any variants or other pandemics), and Sweepstakes Entities provide no guarantee that the Winner and the Guest will not be exposed in connection with their use of the Prize Package.
If the Winner lives within one hundred fifty (150) miles from Des Moines, Iowa, ground transportation may be substituted in lieu of air transportation at the sole determination of Sweepstakes Entities, and the Winner will not receive the difference between the value of the air transportation and the ground transportation.
No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sweepstakes Entities’ sole determination.
The Winner may be required to provide a major credit card upon hotel check-in or prior thereto and all in-room charges will be charged to the credit card. Any damage to the room, and/or any other venue related to the prize, attributed to the Winner and/or the Guest will be the responsibility of the Winner. Sweepstakes Entities are not responsible for the availability or proper functioning of any hotel feature or amenity and no credit or compensation will be awarded by Sweepstakes Entities with respect thereto.
The terms and conditions of the tickets, passes or vouchers (collectively, the “Tickets”) awarded as prizes will govern in the event the Event does not happen due to weather, an act of God, threat or act of terrorism, civil disturbance, pandemic, epidemic, local or state requirements or any other reason. Unused Tickets cannot be refunded, exchanged, or applied towards tickets for any subsequent years. No compensation will be given for lost, stolen, mutilated or expired Tickets. Sweepstakes Entities are not responsible for replacing lost, stolen, mutilated or expired Tickets. Fulfillment of the Tickets is the sole responsibility of the Event owner and/ or Event promoter, not the Sweepstakes Entities. The Tickets must be surrendered upon redemption and no photocopies or reproductions will be honored. If the Winner is caught scalping Tickets, he or she may be ejected from the venue and this may result in the Winner’s disqualification from this and all future sweepstakes and contests of Sweepstakes Entities.
Minor children may accompany the Winner as the guest only if the minor’s parent or legal guardian is the Winner. Minors must be accompanied at all times during the trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. If the Winner elects to partake in the Prize Package with no guest, no additional compensation will be awarded to the Winner.
Sweepstakes Entities are not responsible if all or any portion of the Prize Package is delayed, postponed or cancelled for any reason, in which event that portion of the Prize Package is forfeited in its entirety and no substitution will be provided, except in Sweepstakes Entities’ sole determination.
Sweepstakes Entities are not responsible or liable in any manner if the Winner or the Guest is unable to accept or use all or any portion of the prize package due to failure to qualify or comply with these Official Rules or any law (including specifically any requirement of Sweepstakes Entities, hotel, airline, Event, Event owner, facility owner, and/ or Event promoter relating to COVID-19 or any variants or other pandemics), regulation or other rules that apply to acceptance, receipt or use of the Prize Package. Such failure to qualify or comply will result forfeiture of that portion of the Prize Package in its entirety with no additional compensation, and no substitution will be provided, except in Sweepstakes Entities’ sole determination. If the Winner elects to make alternate arrangements for any portion of the Prize Package for any reason whatsoever, or declines any portion of the Prize Package for any reason whatsoever, no additional compensation will be awarded to the Winner and Sweepstakes Entities are not responsible for such alternate arrangements. The Prize Package cannot be transferred or substituted, except in Sweepstakes Entities’ sole determination. Sweepstakes Entities reserve the right to substitute prizes of equal or greater value. The prizes being awarded have no cash value and may not be redeemed for cash at any time. The resale or auction of prizes may result in the Winner’s disqualification from all future sweepstakes and contests of Sweepstakes Entities.
The Winner is not required to participate in the Event as a condition of accepting the Prize Package. If the Winner decides not to participate in the Event, the Tickets are forfeited in their entirety and no substitution or additional compensation will be awarded to the Winner; however, the Winner may still use all other portions of the Prize Package.
TAXES
All local, state and federal taxes incurred by accepting a prize will be the sole responsibility of the Winner. Winner will be required to provide Administrator with their tax ID, will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
PUBLICITY RELEASE
By entering the Sweepstakes, Winner grants Administrator, its affiliates, parent companies, and subsidiaries, the perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right (but not the obligation), to use any or all of Winner’s name, image, likeness, voice, identity, social media ID, statement, hometown, and/or biographical information, in any and all media now known or later devised and through any media channels, for any and all purposes (whether commercial, non-commercial, or otherwise), without any further compensation, consideration, notice to, or approval by Winner, unless prohibited by law. The foregoing license includes the right of Administrator to modify and/or edit Winner’s likeness, provided that Administrator will not modify or edit Winner’s likeness in a manner that is reasonably likely to be disparaging of Winner.
Entrants represent and warrant that the materials submitted by them will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof by will result in no third-party liability or obligations.
INTERNET
It is each Entrant’s responsibility to enter in the appropriate manner, and assurance of delivery of the Entry is the sole responsibility of the Entrant. Each Entrant is responsible for all costs or charges involved in accessing the participating websites and warrants that the cost of accessing the websites, if any, is part of a larger agreement with an Internet Service Provider or some other means, and that the cost of this access is not an incremental cost. Sweepstakes Entities may run multiple campaigns and/or other sweepstakes/contests simultaneously (separately or collectively). Participation in one campaign, sweepstakes/contest or the Sweepstakes does not constitute participation into any other.
If for any reason the internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering (including an individual or Entrant who has tampered with the entry process), unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Entities which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sweepstakes Entities reserve the right, in their sole determination, to cancel, terminate, modify, or suspend the Sweepstakes. Sweepstakes Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, or destruction or unauthorized access to, or alteration of Entries.
Sweepstakes Entities reserve the right, in their sole determination, to void and disqualify all Entries generated by a script, computer programs, macro, programmed, robotic or other automated means. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes in the Sweepstakes Entities’ sole and absolute determination.
Sweepstakes Entities are not responsible for lost, misdirected, illegible, damaged or undelivered Entries. Sweepstakes Entities are not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, services or providers, computer equipment, software, failure of any email or entry to be received due to technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading of any material in this Sweepstakes. CAUTION: Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sweepstakes Entities reserve the right to seek damages from any such person to the fullest extent permitted by law.
In the event of a dispute, Entries will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
SUSPENSION / MODIFICATION / TERMINATION
In the event Sweepstakes Entities are prevented from continuing with the Sweepstakes by any event beyond their control, including, but not limited to, fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sweepstakes Entities’ control (each a “Force Majeure” event or occurrence) Sweepstakes Entities shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sweepstakes Entities additionally reserve the right, in their sole determination: (a) to modify, suspend or terminate the Sweepstakes at any time; or (b) to permanently disqualify any Entrant that Sweepstakes Entities reasonably believe has been: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an unsportsmanlike manner.
GOVERNING LAW
This Sweepstakes and these Official Rules will be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from or relating to this Sweepstakes, these Official Rules (including their construction, validity, and enforceability), the prizes being awarded, and/or any rights or obligations hereunder will be adjudicated, individually (not by any class or representative action), exclusively in the State or Federal Courts located in Delaware.
ARBITRATION AND DISPUTE RESOLUTION
The parties each agree to finally settle all disputes and claims only through arbitration, as further described below; provided however that Sweepstakes Entities shall be entitled to seek injunctive or equitable relief in the state and federal courts in Delaware, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.
This Arbitration and Dispute Resolution section applies to all disputes and claims that arise under, in connection with, or relate to this Sweepstakes, these Official Rules (including their construction, validity, and enforceability), the prizes, and/or any rights or obligations hereunder; that arose under, in connection with, or relate to any previous version of the Official Rules or that otherwise arose before these terms went into effect; or that may arise in connection with or after or otherwise relate to the termination of this Sweepstakes or the Official Rules.
Sweepstakes Entities’ right to amend these Official Rules, in whole or in part, does not apply to this Arbitration section. The version of this Arbitration section in effect on the date Entrant accepted these Official Rules controls.
By participating in this Sweepstakes, each Entrant agrees that any and all claims that arise out of, in connection with, or in any way relate to the Sweepstakes, prizes and/or Official Rules or any of the Sweepstakes Entities will be resolved by binding arbitration, rather than in court, except an Entrant may assert claims on an individual basis—not as a class action or other representative basis—in small claims court if they qualify. This includes any claims an Entrant asserts against any of the Sweepstakes Entities and each of their divisions, affiliates, parent companies, subsidiaries, advertising and promotion agencies, prize suppliers and their respective directors, officers, employees and agents (collectively “Releasees”).
Prior to beginning an arbitration proceeding, an Entrant must send a letter to the Administrator describing the claims and the party(ies) against which Entrant is asserting them. If any of the Sweepstakes Entities have claims against Entrant, Administrator will give Entrant notice at the email address or street address provided. If the parties are not able to resolve the matter, the party pursuing arbitration must file a case according to the rules set forth by the American Arbitration Association (AAA). Arbitrations will be conducted by the AAA under its rules, including the AAA Consumer Arbitration Rules (together, the “AAA Rules”), but subject to and in accordance with the class-action waiver below, and NOT under the AAA’s Supplementary Rules for Class Arbitrations. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The AAA’s rules and a form for initiating proceedings are available at https://adr.org and https://adr.org/sites/default/files/Consumer-Rules-Web.pdf.
Entrant and each of the Sweepstakes Entities (on its own behalf and on behalf of the Releasees) acknowledges and agrees that each such party is waiving the right to a trial by jury and is waiving the right to participate as a plaintiff or class member in any purported class-wide legal proceeding as to all claims as further described below. Further, unless Entrant and the applicable Releasee both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
Unless otherwise required by the applicable arbitration rules, Entrant agrees that any required arbitration hearing will be conducted either (a) in Dover, Delaware; (b) the county in which Entrant resides, (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
WAIVER OF JURY TRIAL AND CLASS ACTIONS
Entrant and each Sweepstakes Entity (on its own behalf and on behalf of the Releasees) each acknowledges and agrees that each such party is waiving the right to a trial by jury both as to all arbitrable claims, and as to any other legal action if a claim is deemed not subject to the arbitration provisions above. Entrant and each Sweepstakes Entity (on its own behalf and on behalf of the Releasees) each acknowledges and agrees that each such party is waiving the right to participate as a plaintiff or class member in any class-wide arbitration, purported class action lawsuit, private attorney-general action, or any other representative proceeding as to all claims. Accordingly, Entrant and each Sweepstakes Entity (on its own behalf and on behalf of the Releasees) agrees that each party may bring disputes against another party and any Releasee only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including, without limitation, a federal or state class action lawsuit. However, nothing in this section limits a party’s right as an individual plaintiff to file against another party an arbitration action as permitted under these Official Rules (or any other legal action if a claim is deemed not subject to the arbitration provisions above).
Waivers, Disclaimers and Releases; LIMITATION OF LIABILITY
By participating in this Sweepstakes, an Entrant agrees to release, discharge and hold harmless the Releasees from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to the Entrant’s participation in this Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in this Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize).
Without limiting the generality of the foregoing, the Entrant agrees that the Releasees: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with any Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (collectively, “Suppliers”) as a part of the prizes provided in connection with any Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the respective Releasee, and (4) by any cause, condition or event whatsoever beyond the control of the Releasees.
Entrant agrees that the Releasees shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by the Releasees; interruption or inability to access the websites, or Releasees’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of a Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Releasees. Each Entrant further agrees to indemnify and hold harmless Releasees from and against any and all liability resulting or arising from the Entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against Releasees and hereby acknowledge that Releasees have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Releasees are not responsible for the actions of Entrants in connection with any Sweepstakes, including the Entrant’s attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of this Sweepstakes.
LIMITATION OF LIABILITY
THE RELEASEES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND REGARDLESS OF WHETHER THE RELEASEES WERE OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASEES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES, REGARDLESS OF THE NUMBER OF CLAIMS OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $500.
WAIVER OF UNKNOWN CLAIMS
RESIDENTS OF CALIFORNIA OR STATES WITH SIMILAR LAW: IF YOU ARE A RESIDENT OF CALIFORNIA, OR OF A STATE WITH A LAW SUBSTANTIALLY SIMILAR TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, THEN YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS AFFORDED BY CALIFORNIA CIVIL CODE SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND YOU DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANCE OF SUCH SPECIFIC WAIVER THEREOF. SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THUS, NOTWITHSTANDING THE PROVISIONS OF SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND FOR THE PURPOSE OF IMPLEMENTING A FULL AND COMPLETE RELEASE AND DISCHARGE OF RELEASEES, YOU EXPRESSLY ACKNOWLEDGE THAT THE RELEASE GRANTED BY YOU BY THESE RULES IS INTENDED TO INCLUDE IN ITS EFFECT, WITHOUT LIMITATION AND WITH RESPECT TO THE ENTIRETY OF THE RELEASE HEREIN, ALL CLAIMS NOT KNOWN OR SUSPECTED BY YOU AND ALL FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU CURRENTLY KNOW OR BELIEVE TO BE TRUE, AND THAT THIS RELEASE CONTEMPLATES THE EXTINGUISHMENT OF ANY SUCH CLAIMS WHICH YOU MAY HAVE AGAINST ANY RELEASEES. ALL PROVISIONS OF THESE RULES APPLICABLE TO SECTION 1542 WILL APPLY WITH FULL FORCE AND EFFECT TO YOUR STATE’S SUBSTANTIALLY SIMILAR PROVISION.
Miscellaneous
The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sweepstakes Entities’ failure to enforce any term of the Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in the Official Rules, Sweepstakes Entities have sole and absolute determination. By participating in the Sweepstakes, Entrant hereby agrees to waive any rights to claim ambiguity of the Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or communications, privacy policy or terms of use on the websites and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sweepstakes Entities’ sole and absolute determination. Sweepstakes Entities will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Sweepstakes. Sweepstakes Entities reserve the right to change, alter, or amend these Official Rules as necessary, in its sole determination, to ensure the fair administration of the Sweepstakes or to comply with applicable law. Any and all decisions of Sweepstakes Entities regarding the Sweepstakes are final.
USE OF TRADEMARKS
The use of a third-party trademark in connection with the portions of the Prize Package being awarded in this Sweepstakes is for the purposes of prize description only and such use is not intended to suggest or imply sponsorship, endorsement or the approval of this Sweepstakes.
NAME OF WINNER
To obtain the name of the winner, send a self-addressed, stamped envelope to RAGBRAI 50th Anniversary Sweepstakes, Ventures Endurance, LLC, 85 Devonshire Street, 9th Floor, Boston, Massachusetts 02109, by November 15, 2022.
QUESTIONS
Any questions on this Sweepstakes should be directed to ragbraisweeps@gannett.com.
