Rules and Regulations

Introduction

Time To Ride^® is an initiative of the American Horse Council Marketing Alliance which produces a nationwide campaign to introduce thousands of new people to horses yearly through various equine activities and experiences.

The Time To Ride^® Challenge (“Challenge”) is a nationwide contest in which equine stables and organizations (“Hosts”) compete for cash and prizes by connecting new people to horses while growing their lesson programs, businesses and organizations. These equine connections involve a live horse experience which introduces people who are new to horses, or returning to horses, to the benefits of equine activities.

The Challenge is comprised of two parts: Phase 1 – Challenge Event; and Phase 2 – Follow-up Experience. A Host must participate in Phase 1 to compete in Phase 2. However, there is no requirement to compete in Phase 2; a Host may choose to compete only in Phase 1. 

Definitions

Host

Any individual, stable, facility, nonprofit club/association with no more than 300 members, nonprofit equine rescue or therapeutic riding center that is involved with horses or equine activities in any fashion and is registered as a Host on the Time To Ride^® website (“Host”). One or more Hosts may work together for purposes of the Challenge; however, if so, then all such Hosts will be considered one Host for purposes of determining the appropriate Division (as defined below) and eligibility for prizes. Please see “Working Together” below for more information.

Newcomer

Any person with no or little recent experience with horses (“Newcomer”). Newcomers do not include anyone who has been involved with horses, riding lessons, or equine competition within the past three (3) years. Determination of whether a person qualifies as a Newcomer is solely at the discretion of Sponsor.

Horse

Any equine: horse, pony, donkey, mule, miniature horse.

My Challenge Account

A TimeToRide.com account holder’s sub-account specifically for www.timetoride.com account holders who register to be a Challenge Host (“My Challenge Account”). The My Challenge Account is where Hosts are required to schedule Challenge Events, record Newcomers from hard copy Newcomer Releases, and record Follow-up Experiences of Newcomers recorded via digital Smartwaiver Newcomer Releases.

Horse Bucks

A coupon for discounted riding lessons provided by Host to Newcomer while at a Challenge Event to entice or encourage Newcomer to return to Host for a Follow-up Experience. A Horse Bucks template is available in the Resources Tab of the Host’s My Challenge Account.

Division 

The group in which each Host competes for Division prizes (“Division”). During the Host registration process, each Host selects their appropriate Division based on the size of their stable or organization. Division must be based on Host’s status on the date of registration. For purposes of determining the correct Division, Hosts shall consider which of the two criteria is most relevant to its primary operations: lesson horses or members/volunteers. The Divisions are as follows:

1. Small Division: Stables with 1 – 11 active lesson horses
2. Large Division: Stables with 12 or more active lesson horses
3. Nonprofit Division: Nonprofit organizations with 1 – 300 members; or equine rescues and therapeutic riding centers with 1 or more employees and 1 – 300 volunteers.

Organizations, equine rescues and therapeutic riding centers with more than 300 members, employees and/or volunteers are not eligible to compete. Such organizations should contact info@TimeToRide.com to learn how to encourage their members to participate in the Challenge.

For purposes of determining the correct Division, a lesson horse is defined as any equine that is owned by, leased by, or in the primary custody of the Host and is used to serve the public through riding, lessons, education, therapy, driving, handling, or any other mounted or unmounted horsemanship. Horses in the Host’s care that are retired, privately owned by boarders, or kept for breeding are not considered lesson horses.

A member is defined as an adult or youth member of a club or organization that has dues, registration or membership requirements, and a record of membership and is in good standing with the organization as of May 15, 2018, or the date of Host registration in the Challenge, whichever is earlier. Organizations registering for the Challenge may be asked for proof of membership numbers.

An employee is defined as a current, full-time employee that owns, or has been employed by, the business for a minimum of 90 days prior to May 15, 2018. A volunteer is defined as a person who volunteers four or more hours per week.

Challenge Period 

June 1, 2018 through December 15, 2018 (“Challenge Period”).

• Phase 1 – Challenge Event: June 1, 2018 – November 15, 2018
• Phase 2 – Follow-up Experience: June 15, 2018 – December 15, 2018

Phase 1 – Challenge Event

A beginner-friendly occurrence at a Challenge Event in which a Newcomer experiences a minimum of three (3) minutes observing, riding, grooming and/or interacting with a live horse (“Phase 1 Experience”). The Host must provide a knowledgeable and experienced horse handler to facilitate the Phase 1 Experience. Any Phase 1 Experience will be at the discretion of the Host and must be conducted at the Host’s expense. All Phase 1 Experiences must be beginner-friendly and involve healthy, safe and suitable horses, safe and suitable equipment, and be held in a clean and safe facility and controlled environment with an emphasis on the safety and inexperience of any Newcomer. Customer service is a key component of a Phase 1 Experience. Hosts must maintain a friendly attitude toward all Newcomers. Hosts are strongly encouraged to distribute Horse Bucks coupons at Challenge Events in order to invite Newcomers to return for a Follow-up Experience (see below). For the 2018 Time To Ride^® Challenge, Phase 1 – Challenge Events held prior to June 1, 2018 will not count toward Host Winners and Prizes determination.

Phase 2 – Follow-up Experience

A Follow-up Experience (“Follow-up Experience”) is an individual riding, driving or ground work session lasting a minimum of thirty (30) minutes with a live horse and a Newcomer that participated in a Challenge Event. Follow-up Experiences must occur between June 15, 2018 and December 15, 2018; however, a Newcomer’s Follow-up Experience may not occur on the same day as their Phase 1 Experience. A Follow-up Experience may involve two to four participants, such as a group lesson, and if so must be a minimum of sixty (60) minutes in duration. The objective of a Follow-up Experience is to convey the benefits of horse involvement and encourage Newcomers to become regularly involved with horses, through riding or other activities. The Host must provide a knowledgeable and experienced horse handler to facilitate the Follow-Up Experience. Any Follow-up Experience will be at the discretion of the Host and must be conducted at the Host’s expense, whether the Host chooses to charge a fee, offer a discount, or offer for free. All Follow-up Experiences must involve healthy, safe and suitable horses, safe and suitable equipment, and be held in a clean and safe facility and controlled environment with an emphasis on the safety and inexperience of the Newcomer. Customer service is a key component of a Follow-up Experience. Hosts must maintain a friendly attitude toward all Newcomers. Hosts are encouraged to conduct Follow-up Experiences as soon as possible after a Newcomer attends a Phase 1 Experience. Hosts should not schedule Follow-up Experiences in their My Challenge Accounts. For the 2018 Time To Ride^® Challenge, Phase 2 – Follow-Up Experiences held prior to June 15, 2018 will not count toward Host Winners and Prizes determination.

Working Together

Any Host approaching, planning for, participating in, or acting in a cooperative, coordinated, supportive or joint fashion with another Host or Hosts in order to attract Newcomers to the Challenge Event(s) of the Host or Hosts is considered to be “working together.” In determining whether Hosts are deemed to be “working together” for purposes of the Challenge, all facts and circumstances with respect to each Host’s activities are to be taken into account. No one factor is determinative in making this determination. In addition, it is not intended that only the factors described hereafter are to be taken into account in making this determination, or that a determination is to be made on the basis that the number of factors (whether or not listed in this paragraph) indicating a lack of working together exceeds the number of factors indicating working together, or vice versa. Among the factors which should normally be taken into account are the following:

• Planning or coordinating participation in the Challenge;
• Sharing ideas, potential activities, knowledge, or advice;
• Discussing, sharing, or coordinating advertisements, announcements, press releases, or any media regarding Host(s) or Challenge Events before, during, or after the Challenge Event;
• Host or Host(s) are legally related, affiliated, or under common control;
• Common officer(s), director(s), staff, volunteer(s), or Challenge contact(s);
• Common address, location, stable, place of business, or home base;
• Physical proximity of Hosts;
• Common or overlapping date(s) of Challenge Events; common site of Challenge Event(s); or proximity of Challenge Event(s) held on same date and at same location; but simply conducting separate and independent Challenge Events on the same date and at the same location, for example a fair or expo, is not determinative by itself;
• Sharing the following in going to, during, or returning from a Challenge Event or Events: (1) horses; (2) activities or experiences; (3) transportation or van; (4) booths or facilities; (5) costs or expenses; (6) staff or volunteers; or (7) equipment, tack, hay, feed, or other items used at an Challenge Event;
• Common registered Newcomers;
• Any referral of Newcomers to other Host(s) whether on the same date(s) or at the same location(s), or not;
• Any contact with another Host(s) in connection with a Challenge Event intended to increase the number of registered Newcomers of either;
• Acting collaboratively with another Host or Hosts in any manner.

Hosts have the affirmative obligation to disclose to Sponsor if they will be acting with another Host(s) when they register for the Challenge. Hosts who elect to work together must register as one entity (one “Host”) and select one Division. Failure to do so could result in the disqualification or combination of one or all of the Hosts involved, or other action at the discretion of the Sponsor, at any time during or after the Challenge.

Sponsor

American Horse Council dba Time To Ride^®, 1616 H Street NW, 7th Floor, Washington, DC 20006 (“Sponsor”).

Host Objectives

The Host’s objective is to show as many new people as possible (“Newcomers”) the benefits of horses by introducing them to horses and by helping them take the first step towards a lifelong connection with horses.

Hosts entering the Challenge agree to engage Newcomers with horses between June 1, 2018 and December 15, 2018 through interactive horse experiences.

Phase 1: June 1, 2018 – November 15, 2018
The Host’s objective for Phase 1 is to show as many Newcomers as possible the benefits of horses through Challenge events that encourage Newcomers to take the first step toward a connection with horses. The Hosts in each Division that get the most Newcomers in Phase 1 will win a portioned share of $27,000 in prize money. See Winners and Prizes below.

Phase 2: June 15 – December 15, 2018
The Host’s objective for Phase 2 is to encourage Newcomers that participated in a Phase I Challenge Event to return to the Host for a Follow-up Experience that helps the Newcomer become regularly involved in horse activities. The three Hosts that get the highest number of Newcomers to have a Follow-up Experience (Most Follow-Up Experiences), and the three hosts that get the highest percentage of Newcomers from their initial Challenge Event to have a Follow-Up Experience (Highest Conversion Rate), will win a portioned share of $22,000 in prize money. See Winners and Prizes below.

Process

Eligibility

The Challenge is open to stables, businesses and organizations located in the 50 United States and District of Columbia, and is subject to all federal, state and local laws. It is void where prohibited or restricted by law. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of Sponsor and its respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible. Any Host that won first place in any Division in the 2017 Challenge is not eligible to compete.

Registration

Any stable, business or organization may register to compete in the Challenge by completing the Host registration process at TimeToRide.com between May 15, 2018 and November 1, 2018. (This allows two weeks to provide marketing materials before the Phase 1 end date of 11/15/18.) Hosts will be accepted on a first come, first served basis. Hosts who register after the Challenge Period start date of May 15, 2018 understand and accept that they have fewer days to hold Challenge Events compared to Hosts who register on the May 15, 2018 Challenge Period start date. Notwithstanding the foregoing, Sponsor has the right, at its sole discretion, to extend or shorten the registration period and/or permit additional Host registrations with or without public notice. Host registration details, including Division, will become final upon submission of registration. Division must be based on Host’s status on the date of registration. Under no circumstances may two or more Hosts have the same physical or mailing address. If two Hosts are found to have registered with the same physical or mailing address, they will be considered one single Host and one Host account will be removed. A Host is expected to provide accurate information upon registration, particularly with respect to its self-selected Division. Any changes to errors in Host information after registration must be disclosed immediately to Sponsor in writing. It is the Sponsor’s discretion entirely to allow or not allow any changes after registration. Under no circumstances will changes be allowed to Division classification after June 1, 2018. Any inaccuracies in any information provided by Host or any failure to correct information on a timely basis are grounds for disqualification by Sponsor.

Newcomer Releases

Each Newcomer must complete a Time To Ride^® Challenge Assumption of Risk, Release of Liability and Indemnity Agreement (“Newcomer Release”) prior to having a Phase 1 Experience. Hosts are responsible for either collecting a completed, hard copy Time To Ride^® Challenge Newcomer Release from each Newcomer prior to the Newcomer having a Phase 1 Experience at a Challenge Event or for ensuring each Newcomer completes a digital Smartwaiver Newcomer Release prior to having a Phase 1 Experience at a Challenge Event. A Host may use one or both methods to collect Newcomer information, however, each Newcomer shall use one method only and be recorded and counted only once, either via manual recording into the Host’s My Challenge Account or digitally via Smartwaiver. In the event a youth Newcomer is under the age of 13, a parent or legal guardian must provide an email address for verification purposes. No email addresses will be accepted from Newcomers under age 13. Sponsor reserves the right to contact any or all participants to verify status as a Newcomer. Please refer to Liability and Release below for more information. Digital Smartwaiver Newcomer Release Web Link: A digital Smartwaiver Newcomer Release web link is provided to each Host free of charge within five (5) business days of registering as a Host. The Host should provide the SmartWaiver Newcomer Release web link to each Challenge Event Newcomer prior to the Newcomer having a Phase1 Experience. Time To Ride^® recommends that Hosts display a sign, banner or poster directing Newcomers to the Smartwaiver digital Newcomer Release. Smartwaiver digital Newcomer Release releases are accessible through a web browser by any computer, tablet, or mobile device with Wi-Fi or cellular data capabilities. Hosts may provide a computer, tablet, or mobile device with Wi-Fi or cellular data; ask each Newcomer to use his or her personal device to access the digital Newcomer Release release; or a combination of both methods. If the Challenge Event is being held in an area with poor or no Wi-Fi or cellular service, the Host should provide hard copy Newcomer Releases to each Newcomer prior to the Newcomer having a Phase 1 Experience. Upon a Newcomer completing the digital Newcomer Release, a copy will be sent to the Newcomer, the Host, and Time To Ride^®. Each Host is responsible for ensuring that all Newcomers have completed the digital Newcomer Release. Please see “Liability and Release” below for further information. Please see “SmartWaiver FAQ” on the Time To Ride^® website for further information. Hard Copy Newcomer Release Form: Hosts must access and print the hard copy Time To Ride^® Challenge Newcomer Release from the Rules tab in their My Challenge Account if they choose not to use the digital Smartwaiver Newcomer Release, or if they want to provide both Newcomer Release options to Newcomers. It is the Host’s responsibility to obtain correct, legible information for each Newcomer.

Scheduling Challenge Events

For insurance purposes, Hosts must schedule each Challenge Event in their My Challenge Account AT LEAST FIVE (5) DAYS PRIOR TO THE DATE OF THE EVENT.

Recording Phase 1 – Challenge Event Newcomers

Hosts must record all Newcomers who have a Phase 1 Experience at a Challenge Event, as follows:

• Newcomer(s) information on the hard copy Time To Ride^® Challenge Newcomer Release form must be manually recorded in the Host’s My Challenge Account, by pressing Add Newcomers associated with the appropriate Challenge Event. These Newcomers must be recorded within seven (7) days of the date of the Challenge Event, but no later than November 22, 2018. By recording Newcomer information in the Host’s My Challenge Account, Host certifies that it has received a Time To Ride^® Challenge Newcomer Release form completed by the Newcomer, parent or legal guardian. Please refer to Liability and Release below for more information.
• Newcomers that complete the digital Smartwaiver Newcomer Release form require no additional entry by the Host, and will automatically be counted. These Newcomers are automatically recorded within the Smartwaiver system. DO NOT record these Newcomers in your My Challenge Account.

Regardless of the number of Challenge Events attended by a single Newcomer, a Newcomer may only be counted one (1) time by a Host. However, a single Newcomer may attend Challenge Events held by multiple Hosts and, therefore, be counted by multiple Hosts. Sponsor reserves the right to make final determination on any and all potential duplicate Newcomers or records. 

Horse Bucks: Host is encouraged, but not required, to provide to each Newcomer a Time To Ride^®-provided coupon or Host’s own coupon to serve as a coupon for a discounted Follow-up Experience. 

Recording Phase 2 – Follow-up Experiences 

Host must record all Newcomer Follow-up Experiences in the Host’s My Challenge Account, no later than December 20, 2018 in one of two ways:

• If the Newcomer completed a hard copy Newcomer Release, the Host edits the Newcomer’s record in the Host’s My Challenge Account to indicate a Phase 2 Follow-up Experience, or
• If the Newcomer completed a Smartwaiver Newcomer Release, the Host creates a new Newcomer record that indicates the Newcomer’s name and date and type of Phase 2 Follow-up Experience.

Winners and Prizes

Phase 1 Winners  

After November 22, 2018, Sponsor will determine the top three Hosts from each Division with the most Newcomers recorded. The Host with the most recorded Newcomers will be the First Place Winner, the Host with the second-most recorded Newcomers will be the Second Place Winner, and the Host with the third-most recorded Newcomers will be the Third Place Winner.

Phase 2 Winners 

After December 20, 2018, Sponsor will determine the top Hosts overall, regardless of Division, in two categories: (1) by the greatest number of Newcomers that return for a Phase 2 Follow-up Experience; and (2) the highest conversion rate of Newcomers which is calculated by the number of Newcomers that return for a Follow-up Experience in Phase 2 divided by the total number of Newcomers in Phase 1. Hosts may win prizes in either or both categories.

Winner Verification 

Sponsor has the right to verify each Newcomer Phase 1 Experience and final determination of all winners will be at the discretion of Sponsor. Decisions of Sponsor will be final. Any Host found to have entered non-Newcomers or persons who did not participate in a Phase 1 Experience during the Challenge Period, or is otherwise in violation of these Rules and Regulations, will be disqualified and ineligible for any prize, and may be prohibited from participating in future Time To Ride^® programs.

Phase 1 Prizes

Divisional Prizes: Sponsor will award Divisional prizes in each of the three (3) Divisions, Small Barn, Large Barn, and Nonprofit, equal in all divisions, and in the form of a check, as follows:

• First Place Winner: $5,000 cash
• Second Place Winner: $2,500 cash
• Third Place Winner: $1,500 cash

All Divisional Prize winners must record at least thirty (30) Newcomers to receive the full amount of prize money. A Host who places first through third in its Division but records fewer than 30 Newcomers may be eligible for product or merchandise prizes in lieu of cash. All cash and prizes will be distributed after completion of the Challenge.

Phase 2 Prizes 

Hosts must record at least thirty (30) Newcomers in Phase 1 to be eligible for Phase 2 prizes. Hosts may win prizes in either or both categories. All cash prizes will be in the form of a check. Phase 2 prizes are as follows:

Winner’s Affidavit of Eligibility 

A prospective winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the prospective winner within three (3) days from first notification attempt, if the prospective winner fails to complete and return all requested forms by the specified date, or if the prospective winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Host.

Prizes will be delivered to the Host representative designated as the “contact name” in the Host Account.  In no event will any prize be delivered to a different party, or divided between multiple parties by Sponsor, regardless of whether such Host consists of multiple entities/groups.  Prior to selection of the winners, Hosts and their Phase 1 Challenge Events and Phase 2 Follow-up Experiences may be featured on the Website or Time To Ride^® social media accounts; however, in no way shall such promotion influence the selection of the winners. Any Phase 1 winner will be notified by email, telephone, and/or overnight mail delivery on a date on or around December 1, 2018 to be determined by Sponsor.  Any Phase 2 winner will be notified by email, telephone and/or overnight mail delivery on a date on or around December 20, 2018 to be determined by Sponsor.

Tie Breaker

This applies to Phase 1 and both categories of Phase 2, (1) Greatest Number Newcomer

Follow-up Experiences and (2) Highest Conversion Rate:

In the event of a tie, the prize money awarded to each place in question will be added together and divided equally between the tying Hosts. For example, if there is a two-way tie for second place in Phase 2, the prize money normally awarded to second place and third place will be added together and divided equally by two. No more than three places in each division of Phase 1 and each category of Phase 2 will win prize money regardless of ties.

Conditions of Participation

Conditions of Entry

Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Challenge, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Challenge, or to terminate the Challenge and proceed with the judging process, to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Challenge be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Notification of Host Challenge Events

For insurance purposes, Hosts must notify Sponsor by scheduling each Challenge Event name, date and location in their My Challenge Account AT LEAST FIVE (5) DAYS PRIOR TO THE DATE OF THE EVENT. Challenge Event posting will not be accepted through email. Any Challenge Event that is not posted in this manner will not be considered part of the Challenge.

Insurance

Host shall carry, at its sole expense, comprehensive general liability insurance with a minimum of $1,000,000 per occurrence combined single limit for bodily injury and property damages, along with such other insurance as is reasonably required by individuals/organizations in a similar situation and/or business as Host. It is suggested, but not required, that a Host have a minimum of $10,000 limit for medical expenses with an insurer. Host shall also name American Horse Council, Inc. as additional insured.  Upon request, Host shall provide Sponsor with certificates of liability insurance evidencing such coverage.  By participating in the Challenge, Host represents and warrants that it has, at minimum, the aforementioned insurance coverage, and that such coverage shall apply to and cover the Newcomers.

Liability and Release 

As a condition to participating in the Challenge, Hosts must obtain from each Newcomer a Newcomer Release fully releasing, discharging, indemnifying and holding harmless Sponsor, American Horse Council and its members, members of the Marketing Alliance, including but not limited to Active Interest Media, American Association of Equine Practitioners, American Horse Council, American Paint Horse Association, American Quarter Horse Association, American Society for the Prevention of Cruelty to Animals, Boehringer Ingelheim, Colorado State University Equine Sciences, Equibrand, Farnam Companies, Inc., Merck Animal Health, Merial, Inc., Morris Media Network Equine Group, National Reining Horse Association, Platinum Performance, Purina Animal Nutrition, LLC, United States Equestrian Federation, W. F. Young, Inc., The WaterShed Animal Fund, Zoetis, and any other entity that may join the Marketing Alliance during the Challenge Period (collectively with Sponsor, the “Challenge Entities”); Martino Flynn LLC, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders from any all claims and damages or liability arising in connection with a Newcomer’s participation in the Phase 1 Challenge Experience, or Phase 2 Follow-up Experience provided by Host. Time to Ride^® will provide Host with the Time to Ride^® Challenge Assumption of Risk, Release of Liability and Indemnity Agreement (“Newcomer Release”) to use, which may not be altered in any way. Each Newcomer must complete a Newcomer Release in order to be counted towards the Host’s total. Upon request, Host shall provide Sponsor with completed Newcomer Releases.  Failure to do so may result in disqualification. Releases for minor participants, under the age of 18, MUST be completed by the minor’s parent or legal guardian.

The Challenge Entities, their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to Host’s or any other person’s computer relating to or resulting from participation in this Challenge; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or other errors; and any entries that are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due, or any combination thereof. Proof of mailing, in-person submission, or online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned.

By entering, a Host also agrees to release, discharge, indemnify and hold harmless the Challenge Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with Host’s participation and/or entry in the Challenge and/or Host’s receipt or use of any prize awarded in this Challenge or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Challenge-related activity or participation in this Challenge, including but not limited to any Newcomer’s participation in Host-hosted Phase 1 Experience or Phase 2 Follow-up Experience. Any and all warranties and guarantees relating to prizes are subject to the respective manufacturer’s terms.

Except where prohibited by law, the Host’s entry and/or acceptance of any prize constitutes permission for the Challenge Entities to use said Host’s name, photographs, likenesses, photos submitted via email or social media, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.

Host further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  Host acknowledges that Section 1542 provides that: “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.” 

The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

Host further understands and agrees that any dispute under this Agreement shall be submitted to binding arbitration, before a neutral arbitrator mutually selected by the parties.  Said arbitration shall be conducted according to the rules of the American Arbitration Association, each party to bear its own costs.

Taxation

The value of any prize may be taxable as income to Hosts.  Winners are responsible for any applicable federal, state or local taxes. All taxes, fees, and surcharges are the sole responsibility of the Host winner. Hosts agree to provide required personal information to Sponsor in order to generate tax documents, if required. Each winner agrees to indemnify and hold harmless the Challenge Entities and their employees and agents from and against any liability for such taxes.

Miscellaneous

All information requested, provided or reported pursuant to this Challenge becomes the sole property of Sponsor and will not be returned. If, for any reason, the Challenge is not capable of running as planned, including due to tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Challenge, Sponsor reserves the right in its sole discretion, to disqualify any person who tampers with the entry process, and to cancel, terminate, modify or suspend the Challenge.

Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the entry process or information. Sponsor is not responsible for late, lost, illegible, incomplete, delayed, destroyed, stolen or misdirected entries.

Use of Information

All information, personal or business-related, obtained in registering for, or provided during participation in, the Challenge may be used by Sponsor in any way, including, but not limited to, for the purposes of conducting the Challenge, providing any current or future promotional activities, or as may otherwise be determined in the sole discretion of Sponsor. Except where prohibited, participation in the Challenge constitutes a Host’s consent to Sponsor’s use of Host’s name, likeness, contest entry, and state of residence for promotional purposes in any media without further payment or consideration.

Disclaimer

Time To Ride^® reserves the right to accept or reject any application or to disqualify and remove a Host from the Challenge contest at any time, for any reason, or for no reason. There may be circumstances not provided for in the Challenge Rules and Regulations.  Time To Ride^® will have complete authority and discretion to consider and decide any such questions that may arise involving the Challenge, Hosts, Newcomers, Challenge Events, Phase 1 Experiences and Phase 2 Follow-up Experiences under the Challenge, and the awarding of prizes.  All decisions of Time To Ride^® concerning such questions are final and binding on all Hosts and winners.

Governing Law

All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of Hosts or the Challenge Entities in connection with the Challenge, shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the Commonwealth of Kentucky. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Fayette County, Kentucky, and Host expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Challenge, shall be resolved individually, without resort to any form of class action. Host agrees to service of process by mail or other method acceptable under the laws of the Commonwealth of Kentucky. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CHALLENGE. HOST HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF HOST OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

I have read and agree to the stated Rules and Regulations:

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Name and organization