Healthy Living on October 22, 2010 by

Train with Grain Rules and Regulations

By registering for this contest, entrant agrees to be bound by and comply with the following rules:

1. All entrants and winners must be at least 18 years of age. Each entrant to the Train with Grain Contest understands and acknowledges that he or she is at least eighteen (18) years old.

2. Each entrant understands and acknowledges that only one entry per person per race day will be considered for contest entry.

3. Entrants must register in order to be eligible. Bob’s Red Mill will not be responsible for and will not consider incomplete or incorrect registrations. Bob’s Red Mill is not responsible for entries that are sent but not received by Bob’s Red Mill for any reason.

4. All winners will be notified via e-mail address provided by entrant. If the winner does not respond to the notification within ten (10) business days, another winner will be chosen. Failure to respond within ten (10) business days shall mean that the winner forfeits the prize.

5. Entrant agrees both personally and on behalf of entrant’s heirs and assignees to hold Bob’s Red Mill and its officers, directors, employees, agents, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with the Train with Grain program and contest and with respect to Bob’s Red Mill’s use of any Materials submitted to Bob’s Red Mill pursuant to item 7 below and used in any manner in Bob’s Red Mill ‘s sole and absolute discretion.

6. Neither Bob’s Red Mill nor its officers, directors, employees, agents, successors, or assigns shall be liable for any loss, costs, damage, injury, or any other claims incurred as a result of the entry in the contest or the usage of a prize by any winner.

7. All photos, drawings, text, and any other content or information (collectively and severally, “Materials”) provided by entrant to Bob’s Red Mill shall become the sole and exclusive property of Bob’s Red Mill, and Bob’s Red Mill shall have no obligation to preserve, return, or otherwise make available to entrant or others any Materials. Bob’s Red Mill may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of Materials in any and all media, whether now known or hereinafter created—throughout the world and for any purpose—without compensation to entrant of any kind.

8. By submitting Materials to Bob’s Red Mill, entrant represents and warrants that the Materials do not infringe any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right of any third party and that entrant has have the full and unrestricted right to transfer the Materials to Bob’s Red Mill free and clear of any claims or encumbrances.

9. Entrant acknowledges and agrees that Bob’s Red Mill shall have no obligation to post, display, or otherwise make publicly available any Materials submitted by entrant.

10. Each entrant acknowledges and agrees that Materials submitted by the entrant may be made available by Bob’s Red Mill for viewing, rating, reviewing, and commenting by the public. By submitting Materials to Bob’s Red Mill, entrant waives any privacy expectations that entrant may have with respect to the Materials.

11. Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees as well as all additional costs that may be incurred.

12. If the specified prize becomes unavailable for any reason, Bob’s Red Mill in its sole and absolute discretion may substitute a prize of like or equal value.

13. A contest is null and void in any jurisdiction where prohibited by law.

14. Bob’s Red Mill reserves the right in its sole and absolute discretion to terminate any contest at any time without prior notice.

15. Bob’s Red Mill reserves the right in its sole and absolute discretion to alter any contest rules at any time.

16. By registering for the contest, entrant is conclusively deemed to have agreed to be bound by these contest rules and terms and conditions as well as by any rules specific to such contest. This is an irrevocable condition of entry.

17. Winners are selected at random, the odds of winning depend upon the number of entries received and cannot be determined in advance.

18. No purchase or payment of any consideration is necessary to enter the contest.

19. A list of winner(s) will be made available via the contest website.

20. Bob’s Red Mill reserves the right to condition the award of prizes upon the execution by the winner(s) of a publicity release (without compensation to the entrant) to publicize the contest and otherwise, as determined by Bob’s Red Mill, unless prohibited by law.

21. Employees of Bob’s Red Mill and their immediate family members are not eligible for the contest. Bob’s Red Mill reserves the right to require the winner to execute an affidavit of eligibility as a sworn document and provide other proof of eligibility as a condition of receipt of the prize or award.

22. Registration and participation in the contest constitutes entrant’s consent to Bob’s Red Mill and its agents to use entrant’s name, likeness, photograph, voice, opinions, and / or hometown and state for promotional purposes and any media, worldwide, without payment or consideration.

23. Entrant agrees to release and hold harmless Bob’s Red Mill and its affiliates, suppliers, distributors, advertisers, and respective officers, directors, and employees, and agents (collectively, the “Release Parties”) from and against any claim or cause of action, including but not limited to personal injury, death, or damage to or loss of property, arising out of participation in the contest or any cycle-cross (CX), triathlon, or other cycling event, or receipt or use or misuse of any contest prize.

24. Except where prohibited by law, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this contest or any prize awarded shall be resolved individually, without resort to form of class action, and exclusively in the federal or state circuit court located in Portland, Oregon; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering into this contest, but in no event including attorneys’ fees, and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these contest rules, or the rights and obligations of the entrant and Bob’s Red Mill in connection with the contest shall be governed by and construed in accordance with the laws of the State of Oregon.

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