NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

BOA WINTER GIVEAWAY
OFFICIAL RULES

Sponsored by Boa Technology, Inc. (herein “Sponsor”)

OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF, AND CURRENTLY RESIDING WITHIN THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA (“D.C.”), FRANCE, AND GERMANY WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AS OF THE TIME OF ENTRY.  VOID OUTSIDE OF THE FIFTY (50) UNITED STATES/D.C., FRANCE, AND GERMANYAND WHEREVER PROHIBITED BY LAW. TO THE EXTENT PERMISSIBLE THIS SWEEPSTAKES IS GOVERNED BY UNITED STATES LAW.  DO NOT ENTER IF YOU ARE NOT LOCATED IN ONE OF THE FIFTY (50) UNITED STATES, D.C., FRANCE, OR GERMANY AT TIME OF ENTRY.      

1. Sweepstakes Period: The BOA Winter Giveaway (“Sweepstakes”) begins on December 16, 2022, at 12:00:00 a.m. Mountain Daylight Time (“MDT”) (UTC -6) and ends on December 31, 2022, at 11:59:59 p.m. Mountain Standard Time (“MST”) (UTC -7) (“Sweepstakes Period”) and consists of ten (1) individual Sweepstakes entry period (each a “Sweepstakes Entry Period”) as detailed in Rule 4, below. Sponsor is the official time-keeping device for the Sweepstakes.  The Sweepstakes is provided by the Sponsor and is in no way sponsored, endorsed, promoted, or administered by, or associated with Facebook, Inc. or Instagram, Inc. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Facebook or Instagram.

2. Eligibility: The Sweepstakes is open only to legal residents the 50 United States, D.C., France, and Germany who are at least 18 years of age and the age of majority in their jurisdiction of residence as of the date of entry. Employees, officers and directors of Sponsor and its parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Sweepstakes, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in the Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules may result in disqualification. Sweepstakes is void wherever prohibited by law. To the extent permissible, the Sweepstakes is subject to United States law.

3. How to Enter: During the Sweepstakes Period, go https://www.boafit.com/en-us/giveaways/12-22/boa-fischer-travers-cs (“Website”) and follow the on-screen instructions to complete the entry form to receive one (1) entry into the Sweepstakes (“Entry”) for the Sweepstakes Entry Period in which it is received.  You may also enter by completing an entry form within an applicable Instagram or Facebook advertisement for Sponsor.  All Entries, regardless of entry method, must be received by December 31, 2022, at 11:59:59 p.m. MST (UTC -7) to be eligible for a prize drawing. Limit one (1) Entry per person, per Sweepstakes Entry Period regardless of the method of entry.  All Entries received from any person that exceed the stated limitation will be disqualified. Entries made by any means which subvert the entry process will be void. Incomplete or illegible Entries will not be acknowledged.  All Entries become the exclusive property of Sponsor and will not be returned or acknowledged except as provided herein. In the event of a dispute as to who submitted an Entry, the name of the “authorized account holder” associated with the email account will be deemed to be the entrant as long as such person is eligible and in compliance with these Official Rules. The authorized account holder of the email address is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor will not verify receipt of Entries. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. Released Parties (as defined in Rule 7, below) are not responsible for entries that are late, lost, illegible, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, that contain false information, that are generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules.  Multiple entrants are not permitted to share the same email address for purposes of entry into the Sweepstakes. Use of any automated program or method to enter will result in disqualification of all associated Entries and of the person/email address account responsible for such Entries.

4. Drawings/Odds of Winning/Prizes/ARV: To be eligible for a Sweepstakes drawing (each a “Sweepstakes Drawing”, and collectively the “Sweepstakes Drawings”), an eligible Entry must be received during the corresponding Sweepstakes Entry Period (see table below).  Non-winning entries will not be included in subsequent Sweepstakes Drawings. Sweepstakes Drawings will be conducted by the Sponsor whose decisions shall be final in all matters relating to each Sweepstakes.  For each Sweepstakes Drawing, one (1) potential winner will be selected at random from among all eligible Entries received for each of the eligible countries.  Odds of winning a Sweepstakes prize depend on the total number of eligible entries received for each Sweepstakes Drawing and for each eligible country. Limit one (1) prize per person/household per Sweepstakes Drawing.  Sweepstakes drawings will be conducted in accordance with the schedule below at approximately 3:00 p.m. Mountain Time in Denver, CO, United States by the Sponsor.

UNITED STATES

Total ARV: $499.00 USD                                                                         

Unclaimed or forfeited prizes will not be awarded. All applicable taxes resulting from acceptance of a prize are the sole responsibility of the winners. No substitution, transfer, or cash redemption of prize is permitted, except as expressly set forth herein by Sponsor, who reserves the right to substitute a prize of equal or greater value (at its sole discretion) for any reason. Any expenses not specifically stated herein, including but not limited to state and local government surcharges, taxes (including federal, state, provincial, or territorial, and local income taxes), other costs, and other expenses relating to prize and the use or acceptance of prize are the sole responsibility of the winner.  Sizes and colors of prizes are subject to availability and are at Sponsor’s sole discretion. PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, BY SPONSOR. ALL PRIZE DETAILS ARE IN SPONSOR’S SOLE DISCRETION. IN NO EVENT SHALL SPONSOR’S PRIZE LIABILITY EXCEED THE ARV OF A PRIZE FOR ANY REASON. 

6.  Winner Notifications/Prize Awards/Publicity Consents: No entrant is deemed a winner until their eligibility has been verified and it is determined that they have complied with all terms of these Official Rules. As soon as reasonably practicable following a drawing date, potential winners will be notified by the Sponsor or Sponsor’s agent via email (“Notification Email”), and will be required to reply to this Notification Email with their complete name, mailing address, phone number, and size preference within seven (7) days from date Notification Email is sent. Failure by a potential winner to reply to the Notification Email with the above information within seven (7) days will result in disqualification and the prize will be awarded to an alternate winner. By accepting a prize, winner grants Sponsor and Sponsor’s agents, the right to use their name and likeness in advertising, publicity and promotion without further compensation or permission, except wherever prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for change to a potential winner’s mailing address, email address, and/or phone number. Prizes will be awarded to winners within 4-6 weeks from the date it is confirmed that winner has complied with the above requirements.  If a prize or prize-related communication is returned as undeliverable, prize will be forfeited. Failure by a potential winner to respond to the email notification within the specified time-period, the return of a notification as undeliverable, noncompliance with these Official Rules, or Sponsor’s inability to contact a potential winner within a reasonable time-period may result in forfeiture of potential winning status, and an alternate winner will be selected.  In no event will more than the stated number of prizes in these Official Rules be awarded.

7. General: By participating, entrants agree to abide by and be bound by these Official Rules. To the maximum extent permitted pursuant to applicable law, Entrants further agree to release, discharge and hold harmless Sponsor, Facebook, Inc., Instagram, Inc., their respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Sweepstakes, and all other service agencies involved with the design, execution or fulfillment of this Sweepstakes, and the respective directors, officers, agents and employees of each of the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes and the acceptance, use, misuse or possession of a prize (if applicable), including as set out in Rule 9, below.  NOTHING IN THESE OFFICIAL RULES SHALL EXCLUDE OR IN ANY WAY LIMIT SPONSOR’S LIABILITY FOR FRAUD, OR FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.  Entrants who Sponsor determines to have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process, the operation of the Sweepstakes and/or the Website; (c) acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Sponsor or Sponsor’s representatives. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING LAWYERS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROMOTIONS. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the United States to the extent permissible.

8. Binding Arbitration:  Subject to applicable laws, any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Colorado law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than such claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. 

SUBJECT TO APPLICABLE LAWS, 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 THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT 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 THE SWEEPSTAKES, OR THE 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) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT 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 MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS, THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

By entering, to the extent permissible, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Colorado in the United States, without giving effect to any choice of law or conflict of law rules (whether of Colorado or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Colorado; and (b) any matters or proceedings which are not subject to arbitration as set forth above in this Section 8 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall take place in the State of Colorado, in Denver County, United States.

9. Limitation of Liability: To the maximum extent permitted in pursuant to applicable law, the Released Parties do not assume any responsibility for, and the entrant hereby releases and agrees to hold the Released Parties harmless from and against, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in the Sweepstakes, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of the winners, and the arranging for, awarding of and use of the prizes or portions thereof, and any inability, restriction or other limitation that prevents a winner from claiming or receiving a prize (including without limitation any regulation, rule, order or other edict from a public authority related to COVID-19). Without limiting the generality of the foregoing, the Released Parties are not responsible for (a) the incorrect or inaccurate capture of entry information for any reason; (b) late, lost, stolen, damaged, misdirected, garbled or incomplete Entries, transmissions or transactions, Entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules; (c) any loss, damage, or claims caused by, or in any way related to, the awarded prizes or the Sweepstakes itself; (d) failure of the Website or any website associated with this Sweepstakes, or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human, production or technical errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer or other devices related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (e) any typographical or other error or omission in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement or notification of the winners; (f) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (g) any claims regarding the accepting, arranging for, awarding of or use of the prizes or any portion thereof; (h) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; or (i) cheating or fraud by any participant.  Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to amend these Official Rules for clarification purposes, at any time, in any way, and without prior notice, without materially affecting the terms and conditions of the Sweepstakes. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to modify, terminate or suspend this Sweepstakes.  In the event of termination, Sponsor may randomly select the winners from among all eligible, non-suspect Entries received up to date/time of such termination, or up to the date/time of the situation warranting such termination.   The before mentioned limitations of liability do not apply to cases of gross negligence and premeditation of the Released Parties, to violations of cardinal contractual obligations (i.e., obligations which are essential for achieving the purpose of the contract), to damages which are based on injury to life, body, or health or to guarantees or claims based on product liability laws.

10. Winners’ Names: The Sponsor expects to announce the names of the winners on or around January 14, 2023.  For the winners’ names (available after winners have been verified), entrants may send a self-addressed, stamped, business size (#10) envelope by March 14, 2023, to: BOA Winter Winners, 3575 Ringsby Ct, Unit 200, Denver, CO 80215, United States. Those not located in the United States may omit return postage.

11. Privacy Policy/Consent to Use Personal Information: Personal information collected in connection with this Sweepstakes is subject to the Sponsor’s privacy policy (https://www.boafit.com/en-us/privacy-policy). By entering this Sweepstakes, you consent and agree to Sponsor’s collection, use, disclosure, and storage of your information for the administration of this Sweepstakes and for any purposes consistent with such privacy policy. IMPORTANT NOTE FOR ENTRANT’S OUTSIDE OF THE UNITED STATES:  You expressly consent to the transfer of your personal information to countries outside of where you reside, including without limitation, the United States. As a result, your personal information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.

12. Rules Govern: In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Sweepstakes-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern, and control.

13. Severability:  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

14. Sponsor: Boa Technology, Inc. 3575 Ringsby Ct, Unit 200, Denver, Colorado, 80216, United States. 

ABBREVIATED RULES. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Begins at 12:00:00 a.m. MDT (UTC -6) on 12/16/22 and ends at 11:59:59 p.m. MST (UTC -7) on 12/31/22. The Sweepstakes is open only to legal residents the 50 United States/D.C., France, and Germany, who are at least 18 and the age of majority in their jurisdiction of primary residence as of the time of entry. Odds of winning depend on the number of eligible entries received. Void where prohibited. For Official Rules and complete entry/prize details, go to www.boafit.com/en-us/2021/sweepstakes/rules for rules in English, www.boafit.com/fr-fr/2021/sweepstakes/rules for rules in French, and www.boafit.com/de-de/2021/sweepstakes/rules for rules in German. Sponsored by Boa Technology, Inc. 3575 Ringsby Ct, Unit 200, Denver, Colorado, 80216, United States.