ML Interest Tag: liability

Red Tricycle 2019 Back-to-School Sweepstakes Official Rules

by Jen Watro

NO PURCHASE NECESSARY TO ENTER OR WIN.

A purchase does not improve your chance of winning. Void where prohibited, taxed or otherwise restricted by law. Subject to all federal, state and local laws.

HOW TO ENTER:

Enter on-line on www.tinybeans.go-vip.net by filling out the entry form on the page during the contest period, (August 8, 2019 at 9am PT to August 21, 2019 at 11:59 pm PT). By participating, all entrants agree to abide by these Official Rules. All entries must be unique and valid email addresses.

Limit is one entry per email address. By participating in this sweepstakes program, you are agreeing to the privacy policies of the following sweepstakes parties and to be opted-in to receive email communications from these sweepstakes parties as outlined on the signup form: Red Tricycle, Western Chief, The CuteKid, SheKnows and BlogHer.

This Sweepstakes is open to all legal residents of the United States and District of Columbia, and U.S. Military personnel (and their families) with APO/FPO addresses, who are eighteen (18) years of age or older. Participation in this Sweepstakes constitutes entrant’s full and unconditional acceptance of these Official Rules.

All Internet access and usage charges are the responsibility of the entrant. If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to terminate, modify or suspend the Sweepstakes. All entries received on-line before the on-line portion becomes inoperable, will be included in the random drawing. 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, entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web-site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes. In the event of a dispute, eligible electronic entries will be considered made by authorized account owner of the email address submitted at the time of entry. Entries generated by robots or scripts are considered to be a direct violation of sweepstakes policy and will result in immediate disqualification of any and all associated entries. Sponsor is not responsible for printing errors in these Official Rules.

PRIZE(S):

Five (5) winners will each receive a back to school prize package (total value, each: $364.96) which includes:

  • One (1) Amazon Fire 7 Kids Edition tablet (7” display with kickstand) (value $99.99)
  • One (1) Osmo Genius Kit for KET (value $99.99)
  • One (1) set of headphones for kids (value $14.99)
  • A $50 Western Chief gift card (value $50)
  • A $50 Amazon gift card (value $50)
  • One Backpack (value $30)
  • One Bixbee lunchbox (value $19.99)

One (1) Grand Prize winner will receive:

  • a $500 Amazon Gift Card (value $500)

EXCLUSIONS & RESTRICTIONS:

Unless otherwise specified in an individual contest post, entry to this contest is limited to one email per entry. All associated email addresses must be valid and deliverable.

WINNING:

On or about August 23, 2019, Sponsor will select five (5) potential prize winners and one (1) potential grand prize winner in a random drawing from all eligible entries received throughout the Sweepstakes Period. The odds of winning will be determined by the number of entries. The winners will be selected in a random drawing from all eligible entries received whose decisions regarding all aspects of the Sweepstakes shall be final and binding. On or about August 23, 2019, potential winners will be notified by the valid email submitted for entry and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned to and received by Sponsor within seven (7) calendar days of issuance. If a winner does not contact Red Tricycle within 72 hours, declines to accept a prize, or in the event that a prize or prize notification is returned as undeliverable, the winner will be disqualified and the Sponsor may elect, at its own discretion, to select an alternate winner. By participating, entrants release Sponsor, prize providers, and their respective parents, subsidiaries, affiliated businesses, advertising and promotion agencies and the officers, directors, employees and agents of each from any and all liability, damages or causes of action (however named or described) for injuries, damages or losses to persons and property which may be sustained in connection with receipt, enjoyment, ownership or use of the prize, and winner grants permission to Sponsor to use winner’s name, age, city, state, photograph or likeness for advertising and promotional purposes without additional compensation or approval (where lawful).

DISPUTES:

Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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 THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THESE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THESE SWEEPSTAKES. Each entrant waives any and all objections to jurisdiction and venue in those courts and hereby submits to the jurisdiction of those courts. If, for any reason, the Sweepstakes is not capable of running as originally planned, the Sponsor, at its sole discretion, reserves the right to cancel the Sweepstakes without liability. Void where prohibited or restricted by law.

SPONSOR:

This sweepstakes is sponsored by Red Tricycle, Inc. Sponsor reserves the right to cancel the Sweepstakes at any time and substitute another promotion in its place.

THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM OR TWITTER.

 

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Disney on Ice presents Let’s Celebrate! Giveaway Official Rules

by Abby Biernat

NO PURCHASE NECESSARY TO ENTER OR WIN.

A purchase does not improve your chance of winning. Void where prohibited, taxed or otherwise restricted by law. Subject to all federal, state and local laws.

HOW TO ENTER:

Enter on-line on www.tinybeans.go-vip.net by filling out the entry form on the page during the contest period, (January 22, 2015 to February 12, 2015 at 11:59 pm PST). By participating, all entrants agree to abide by these Official Rules. All entries must be unique and valid email addresses.

Limit is one entry per email address and by participating in this sweepstake program, you are automatically signed up for Red Tricycle’s free e-mail newsletter.

This Sweepstakes is open to all legal residents of the United States and District of Columbia, and U.S. Military personnel (and their families) with APO/FPO addresses, who are eighteen (18) years of age or older. Participation in this Sweepstakes constitutes entrant’s full and unconditional acceptance of these Official Rules.

All Internet access and usage charges are the responsibility of the entrant. If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to terminate, modify or suspend the Sweepstakes. All entries received on-line before the on-line portion becomes inoperable, will be included in the random drawing. 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, entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web-site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes. In the event of a dispute, eligible electronic entries will be considered made by authorized account owner of the email address submitted at the time of entry. Entries generated by robots or scripts are considered to be a direct violation of sweepstakes policy and will result in immediate disqualification of any and all associated entries. Sponsor is not responsible for printing errors in these Official Rules.

PRIZE(S):

One (1) Grand Prize: 4 VIP tickets to February 18 Show at 7:30pm($250 value)

Three (3) Runner Ups: 4 tickets per each to February 18 Show at 7:30pm ($130 value)

 

EXCLUSIONS & RESTRICTIONS:

Unless otherwise specified in an individual contest post, entry to this contest is limited to one email per entry. All associated email addresses must be valid and deliverable.

WINNING:

On or about February 13th, 2015 Sponsor will select one (1) potential grand prize winner and three (3) potential runner ups in a random drawing from all eligible entries received throughout the Sweepstakes Period. The odds of winning will be determined by the number of entries. The winners will be selected in a random drawing from all eligible entries received whose decisions regarding all aspects of the Sweepstakes shall be final and binding. On or about February 13th, 2015, potential winners will be notified by the valid email submitted for entry and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned to and received by Sponsor within seven (7) calendar days of issuance.If a winner does not contact Red Tricycle within 24 hours, declines to accept a prize, or in the event that a prize or prize notification is returned as undeliverable, the winner will be disqualified and the Sponsor may elect, at its own discretion, to select an alternate winner. By participating, entrants release Sponsor, and their respective parents, subsidiaries, affiliated businesses, advertising and promotion agencies and the officers, directors, employees and agents of each from any and all liability, damages or causes of action (however named or described) for injuries, damages or losses to persons and property which may be sustained in connection with receipt, enjoyment, ownership or use of the prize, and winner grants permission to Sponsor to use winner’s name, age, city, state, photograph or likeness for advertising and promotional purposes without additional compensation or approval (where lawful).

DISPUTES:

Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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 THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THESE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THESE SWEEPSTAKES. Each entrant waives any and all objections to jurisdiction and venue in those courts and hereby submits to the jurisdiction of those courts. If, for any reason, the Sweepstakes is not capable of running as originally planned, the Sponsor, at its sole discretion, reserves the right to cancel the Sweepstakes without liability. Void where prohibited or restricted by law.

SPONSOR:

This sweepstakes is sponsored by Red Tricycle, Inc.. Sponsor reserves the right to cancel the Sweepstakes at any time and substitute another promotion in its place.

REQUEST FOR WINNER’S NAME:

For the name of the winner (available after February 13th, 2015), send a self-addressed, stamped, envelope by February 20th, 2015 to: 150 Gate Five Road Ste:203 Sausalito, CA 94965 to request  Winner’s name.

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$1500 Holiday Shopping Spree Official Rules

by Abby Biernat

NO PURCHASE NECESSARY TO ENTER OR WIN.

A purchase does not improve your chance of winning. Void where prohibited, taxed or otherwise restricted by law. Subject to all federal, state and local laws.

HOW TO ENTER:

Enter on-line on www.tinybeans.go-vip.net by filling out the entry form on the page during the contest period, (November 13th, 2014-December 17th, 2014 at 11:59 pm PST). By participating, all entrants agree to abide by these Official Rules. All entries must be unique and valid email addresses.

Limit is one entry per email address and by participating in this sweepstake program, you are automatically signed up for Red Tricycle’s free e-mail newsletter.

This Sweepstakes is open to all legal residents of the United States and District of Columbia, and U.S. Military personnel (and their families) with APO/FPO addresses, who are eighteen (18) years of age or older. Participation in this Sweepstakes constitutes entrant’s full and unconditional acceptance of these Official Rules.

All Internet access and usage charges are the responsibility of the entrant. If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to terminate, modify or suspend the Sweepstakes. All entries received on-line before the on-line portion becomes inoperable, will be included in the random drawing. 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, entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web-site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes. In the event of a dispute, eligible electronic entries will be considered made by authorized account owner of the email address submitted at the time of entry. Entries generated by robots or scripts are considered to be a direct violation of sweepstakes policy and will result in immediate disqualification of any and all associated entries. Sponsor is not responsible for printing errors in these Official Rules.

PRIZE(S):

One (1) $500 Toys “R” Us Gift Card from Red Tricycle

One (1) $500 thredUP Gift Card

One (1) Etsy Gift Card from Little List

EXCLUSIONS & RESTRICTIONS:

Unless otherwise specified in an individual contest post, entry to this contest is limited to one email per entry. All associated email addresses must be valid and deliverable.

WINNING:

On or about December 18th, 2014, Sponsor will select one (1) potential grand prize winner and three (3) potential runner ups in a random drawing from all eligible entries received throughout the Sweepstakes Period. The odds of winning will be determined by the number of entries. The winners will be selected in a random drawing from all eligible entries received whose decisions regarding all aspects of the Sweepstakes shall be final and binding. On or about December 18th, 2014, potential winners will be notified by the valid email submitted for entry and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned to and received by Sponsor within seven (7) calendar days of issuance.If a winner does not contact Red Tricycle within 24 hours, declines to accept a prize, or in the event that a prize or prize notification is returned as undeliverable, the winner will be disqualified and the Sponsor may elect, at its own discretion, to select an alternate winner. By participating, entrants release Sponsor, and their respective parents, subsidiaries, affiliated businesses, advertising and promotion agencies and the officers, directors, employees and agents of each from any and all liability, damages or causes of action (however named or described) for injuries, damages or losses to persons and property which may be sustained in connection with receipt, enjoyment, ownership or use of the prize, and winner grants permission to Sponsor to use winner’s name, age, city, state, photograph or likeness for advertising and promotional purposes without additional compensation or approval (where lawful).

DISPUTES:

Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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 THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THESE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THESE SWEEPSTAKES. Each entrant waives any and all objections to jurisdiction and venue in those courts and hereby submits to the jurisdiction of those courts. If, for any reason, the Sweepstakes is not capable of running as originally planned, the Sponsor, at its sole discretion, reserves the right to cancel the Sweepstakes without liability. Void where prohibited or restricted by law.

SPONSOR:

This sweepstakes is sponsored by Red Tricycle, Inc.. Sponsor reserves the right to cancel the Sweepstakes at any time and substitute another promotion in its place.

REQUEST FOR WINNER’S NAME:

For the name of the winner (available after December 18th, 2014), send a self-addressed, stamped, envelope by December 25, 2014 to: 150 Gate Five Road Ste:203 Sausalito, CA 94965 to request  Winner’s name.

THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.

 

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5 Ski Tips To Prepare Your Kids for the Slopes

by Drea Lester

Winter is here, snow is falling in the mountains, and another exciting ski season is at hand. For those who were BK Skiers (before kids) the dream of the day when you are able to delight in the winter sport again and share the experience as a family might be a reality this year. Here are some great tips for getting your little ones out on the slopes.

Keep them warm.
Think snow and kids and the vision of the bundled toddler barely able to walk with all of the padding comes to mind. While warmth is essential, ease of mobility is now key as well.

  • When choosing those adorable little snow duds, consider potty access. The all-in-one full zip snowsuits can be tricky, especially in chilly bathrooms. Ski bibs are a great alternative for easy access and keeping the snow out. Check labels to ensure your pants and jacket are water-proof, or at the very least, water-resistant.
  • Think layers. A well dressed kid is one with multiple layers enabling you to adjust to changing temperatures. Start with a lightweight base layer to keep body heat in. Socks should provide warmth and wick sweat away from the feet.  Synthetic materials are better than their cotton brethren, which will hold moisture and cause your little one to feel chilled. In colder weather, add a long-sleeve T-shirt and sweatpants over the long underwear.
  • Don’t forget a comfortable pair of goggles or sunglasses to protect eyes from glare, wind, and sprays of snow. Many manufacturers make specific child sizes for a better fit.

Get the right gear.
A good thing to remember when you first introduce young children to skiing is that it should be fun and at this stage, it’s more about getting them comfortable then actually skiing. Seasonal rentals are a great cost effective way to have your child in the proper sized equipment as they grow bigger. Buying gear isn’t a bad option either, especially if you have multiple kids. With it’s typical light use, beginner ski gear can be used many times.

So how do you measure your child for proper fit?

  • Kids 3 and under should have skis that come up to roughly, between their shoulder and their chin. This length lets them feel the sensation of sliding yet still able to get around, get up easily, and side step or slide and glide. In general kids do better on skis they feel comfortable on.
  • If your child is 4 or 5 years old, both weight and height need to be considered when choosing skis for beginners. A good rule of thumb is to pick skis that stand between their chin and nose. Skis are measured in centimeters and most children starting out are comfortable on skis that are 88-90cm.
  • The ideal way to find the proper sized boots is to actually try on some different sizes at a shop. Remove the liner from the boot before they step in so that you can check the length and width directly. Ski boots are measured in what is called Mondo Point sizing, which is the length (in centimeters) of the sole of the foot. Have your child stand on a tape measure, being sure to read the centimeter side of the ruler from heel to toe. Most young kids will measure between 15 and 21 cm, which is translated as size 15.0 and 21.0.
  • Don’t forget to cover that noggin with a properly fitting ski helmet! You can buy or rent, but helmets are critical gear since most head injuries happen at low speeds.

Have some fun inside first.
No doubt about it, those stiff boots, clunky helmets, bug goggles, and giant boards attached to your feet can be scary business! Avoid the tears and let your little ones have some fun inside gearing up and sliding across the carpet with some help from mom or dad. Let them practice putting on and taking off the boots and be sure to demonstrate binding use. Our 3 year old felt much more comfortable once he realized the loud “click” of a binding did not mean the skis were now permanently attached to his feet.

Consider enrolling in school.
Ski school is the best way for your child to get a comfortable introduction on how fun skiing can really be in a fun and low pressure environment. Child specific ski instructors are the experts on handling an army of pint sized snow-monsters and by the end of a couple of days most are able to actually get their gear on and off, be familiar with a tow rope or chair lift (with help of a grownup), go straight (french-fries), slow down, stop (pizza), and even turn a little. Most programs are half or full day and require advanced reservations. We found a couple of half days in a row was the best way to really introduce the kids to the concept.

Get your own gear ready.
The most practical thing a parent skier should own is some kind of  hydration backpack. Pack it with snacks, extra layers, extra gloves, and sunblock. The water is probably the most important item though, since a dehydrated kid is a cranky kid. If you are teaching your child to ski yourself there is a variety of gear that can help with this endeavor. We tried several of these contraptions, but the Lucky Bums Ski Trainer was by far the favorite. The grab handle on the back is perfect for loading kids on and off the chair lifts and it also has a handy self enclosed backpack to stash the straps.

Got any other tips that helped your little ski bunnies hit the slopes? Share them with us in a comment below.

*Disclaimer: Ski at your own risk. Take the time to familiarize and educate yourself about the potential risks and dangers associated with the sport of skiing. The content of this article in no way is intended to be a substitute for a parents judgment. Red Tricycle does not assume any liability for any of the information contained in this article. The advice provided herein is strictly advisory in nature. The reader assumes full responsibility for the right to consider or disregard anything written herein, either in part or in its entirety.

photos courtesy of: AnneCN via flickr, *clairity* via flickr, Squaw Valley via flickr, eric.surfdude via flickr, the Brave Ski Mom

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Your Mission Should You Choose to Accept It…

by scott wardell

We’re a little over a month into the new year, and while most of us started out with the intent of getting back to the gym a few times a week (ha! Who were we kidding?) or volunteering more of our time, life (and kids) have a sneaky way of intervening and throwing us off schedule. Well no more! Fitness and wellness specialist Keely Grand of Be Grand Fitness is issuing a challenge to all busy parents who want to make a difference in their lives and others, and feel good about it! Sound the horns, because the 2013 Wellness is Here to Stay – Wellness Challenge is underway.

It’s simple. Beginning February 8th, Keely will post up to 5 challenges that will encourage you to test your fitness and ask you to give a little of your time to making a difference for others. Challenges will be posted daily on the Be Grand Fitness facebook page (so be sure to like them).

Your mission, should you choose to accept it, is to complete as many challenges as you like each day. Simply leave a comment or respond saying that you completed the challenge or did something like it. Each challenge is worth 1 point, but there may be bonus challenges with extra points some days. At the end of the challenge, the top three people who have the most points win. The prize? Well, it’s a secret, but Keely promises that it’s going to be something good (and it’s not free fitness lessons).

The Wellness Challenge runs from February 8th – March 8th and culminates with a big party for everyone who participates. Live far away? Don’t worry, you’ll be Skype’d in for the festivities. Anyone is welcome to participate, so spread the word!

Any questions about the exercises or the challenge in general should be sent via email or sent/posted through a facebook message. Because this is a fitness related challenge, participants need to sign a liability form. Just shoot Keely a quick message and start the challenge towards a healthier, more balanced you now.

The 2013 Wellness is Here to Stay – Wellness Challenge by Be Grand Fitness

Will you be participating in the Wellness Challenge? We want to hear!

— Scott Wardell

photo courtesy of Be Grand Fitness website

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Red Tricycle’s Totally Awesome Awards Official Rules & FAQ

by Tuba Ugurulu

What’s Red Tricycle?

At Red Tricycle, our mission is simple: to help busy parent have more fun with their kids.  We offer cool ideas for things to see, eat and do with kids. Red Tricycle features both local city guides and a National edition that brings inspiring family adventures to your inbox. Red Tricycle is currently in eight U.S. markets; Atlanta, Chicago, Los Angeles, New York, Portland, San Francisco, Seattle, Socal and soon will be in Boston, Dallas, Denver and Washington DC.

What is Red Tricycle’s Totally Awesome Awards?

Red Tricycle’s Totally Awesome Awards lets parents nominate and vote for the best family-friendly products, parenting tips and resources in their community. The Totally Awesome Awards is the most fun Kid/Baby Awards program that makes Moms (and Dads) the judges!

How It Works

Red Tricycle’s Totally Awesome Awards is a 100% reader-driven recognition program for the baby, kid and parenting industry that makes moms the decision maker. Moms nominate their picks and favorites during the nomination period, after the verification of each nominee, the nominees in each category become finalists. During the voting process moms vote for the nominated products, services and resources. All winners will be selected by the number of total votes. The voting and nomination process will be open to the public, with one vote per email, per award.

Is there a fee to participate in the Totally Awesome Awards?

Red Tricycle’s Totally Awesome Awards is a FREE online recognition program and open for any qualified family-friendly business to participate.

Terms and Timeline for Red Tricycle’s Totally Awesome Awards 2013

Red Tricycle’s Totally Awesome Awards 2013 is scheduled as follows: Nominations will take place June 1, 2013 to June 22, 2013 (11.59pm PST). Finalists will be announced on July 1, 2013. Public voting will occur from July 1 to August 15, 2013 (11:59 PST). All winners will be announced on September 1, 2013.

How can I participate?

As a user/nominator, you can participate in the Totally Awesome Awards simply by nominating your favorite local businesses and products at the awards.tinybeans.go-vip.net nomination page or voting for t he finalists during the voting period by selecting a category you want to vote for on awards.tinybeans.go-vip.net and choosing the business you like on the voting page.

As a business you can participate in the Totally Awesome Awards by nominating your business in the most relevant category under the local or essentials categories.  If you miss the nomination period, do not worry — you can still run as a “write-in” nominee and if you receive the most votes, you can win the award in your category.

Can I nominate a business in more than one category?

You can nominate a business in any relevant category. A single business can be nominated in multiple categories.

How can I get my business listed for the Totally Awesome Awards?

You can simply nominate your business on awards.tinybeans.go-vip.net during the nomination process. The verified businesses in each category will then advance to the voting period.  If you miss the nomination period, do not worry — you can still run as a “write-in” nominee and if you receive the most votes, you can win the award in your category.

During the voting period, Red Tricycle users and the fans of the nominated businesses will vote for their favorites. The winner and top 10 finalists in each category will be listed on awards.tinybeans.go-vip.net for a one year period.

What’s the difference between “local” and essentials”?

Local categories are for the family friendly businesses in the 12 U.S. cities Red Tricycle is currently serving or soon to be serving: Atlanta, Boston, Chicago, Dallas, Denver, New York, Los Angeles, Portland, San Francisco, SoCal, Seattle, Washington D.C.

If you offer a “local” family friendly service and/or if you would like to nominate your favorite local family-friendly business in Atlanta, Boston, Chicago, Dallas, Denver, New York, Los Angeles, Portland, San Francisco, SoCal, Seattle, Washington D.C. you should make sure to nominate the business under the local category and fill out the form under “Most Awesome Local Businesses.”

Essentials categories are for products, brands and websites that are nationwide and serve  families across the country. To nominate for Essentials, please fill out the form under “Most Awesome Baby & Kids Essentials.”

How can I nominate a business?

Nominate a business by simply going to awards.tinybeans.go-vip.net and filling out the nomination form.

Step1: Choose the business type. Are you nominating a  “Local” or “Essentials” category?

Step2: Fill out the entry form. Simply enter “Business Name,” choose the best “Category” from the drop-down menu, enter the website URL and finally, if you are nominating a “Local” business, please choose the city where the business is located from the drop-down menu.

Step3: Correctly fill out your contact information. Enter your “Email” and your “City.” This information also serve as identification.

Step4: Once you completely fill out the form click on the “Nominate” button and you’re set!

How can I vote for a business?

On awards.tinybeans.go-vip.net choose the category you would like to vote for. Once you are on the category voting page, you will see the list of the finalists. Choose the finalist you’d like to vote for and enter your contact information by filling out your “Email” and your “City” at the bottom of the page. Once the form is complete, click the “Vote” button and you’re all set.

If you do not see the business/brand you’d like to vote for on the voting page, you can nominate them as a “write-in” nominee. To vote for a write-in nominee, click on the “Other” button at the bottom of the finalist list and a field where you can write-in the business/brand name will appear. Enter the business name in this field and simply fill out your contact information at the bottom of the page and then click “vote” button to complete voting.

I don’t see the business I’d like to vote for on the voting page. What do I do?

If you do not see the business/brand you’d like to vote for on the voting page, you can nominate them as a “write-in” nominee. To vote for a write-in nominee, click on the “Other” button at the bottom of the finalist list and a field where you can enter the business/brand name will appear. Enter the business name in this field and simply fill out your contact information at the bottom of the page and click “vote” button to complete voting.

While the write-in nominees will not be listed as a finalist during the voting period, depending on the number of votes they get they can win or be listed as a Top finalist at the end of the program.

How many times can I vote or nominate?

Only one user can vote for each award. The voting and nominating process is limited to one vote/nomination per email per category. If the user tries to vote more than once in the same category using the same email, they will get an error and will not be able to complete the voting and/or nomination.

How will the winners be announced?

The winners and the top finalists in each category is determined by the number of the votes. The Red Tricycle team will contact each winner and top finalists and then the winners will be publicly announced five ways:

  1. With a dedicated email to the entire Red Tricycle mailing list.
  2. On awards.tinybeans.go-vip.net on winners announcement pages and on tinybeans.go-vip.net with a post.
  3. Red Tricycle will send a press release to announce the winners.
  4. Media Partners and the sponsor of the program will announce the winners on their blog.
  5. Throughout Red Tricycle’s blogger and partner network.

What do winners get?

  1. Winners will be announced to Red Tricycle’s mailing list through a dedicated email.
  2. Winners will be listed on awards.tinybeans.go-vip.net and tinybeans.go-vip.net for a year.
  3. Each Winner will get a Q&A profile that highlights their business and what makes them totally awesome.
  4. Each winner will get one free Hot List listing. Red Tricycle’s hot list is distributed once per month and details how sales and deals in the local markets.
  5. Winners will receive exposure through Red Tricycle’s blogger and partner network during the winner announcements.

Eligibility

The Totally Awesome Awards Competition is open to all legal residents of the United States and District of Columbia, and U.S. Military personnel (and their families) with APO/FPO addresses, who are eighteen (18) years of age or older, organizations and individuals involved in the baby/kid industry across all categories. For businesses, entries must have been in the market for at least part of 2012 and fit into category specifications. Entries do not, however, need to have been created in 2012. Participation in this contest constitutes entrant’s full and unconditional acceptance of these Official Rules. By participating in this contest the participant agrees to opt-in to receive email communications from Red Tricycle.

Judging

Public voting will determine the finalists based on the number of the nominations and votes.

Rights

All nominees, finalists and winners acknowledge and agree that his/her entry submission and all related materials created in or arising out of such submission, and all right, title and interests in and to them shall be and hereby are, effective upon creation, assigned to and become the property of Red Tricycle. Without limiting the foregoing, Red Tricycle’s Totally Awesome will have the irrevocable, royalty-free, fully paid-up worldwide, perpetual right (and if necessary, license) to edit, re-edit, adapt, modify, reproduce, promote, distribute create derivative works and otherwise use the entry and related materials in any way it sees fit and in any form or media whether now or hereafter known or developed. Entrant hereby gives Red Tricycle and its agents and assignees, full permission and authority to use, publish and display the submission, as well as entrant’s (and any other person included in the submission) name, voice and photograph or other likeness for advertising or other related purposes in any media whether now or hereafter known or developed without additional compensation.

Limitations

A completed online entry form must accompany each entry. Only one user can vote for each award. Only subscribers of Red Tricycle are eligible to vote. By participating in our awards program, you are automatically signed up for our free e-mail newsletter and promotions. Employees of the Red Tricycle; any promotional companies or advertising agencies participating in the Awards and employees of their respective subsidiaries and affiliates; any persons involved in the creation, development, or implementation of these Awards; and any other persons or entities directly associated with this Awards and any members of their immediate families or households (“Award Parties”) are ineligible to participate.

Newsletter:

Agreeing to the Contest Terms and Conditions participants will automatically subscribe the entrant to the Red Tricycle’s free newsletter. The newsletter will be sent to the e-mail address provided by the participant. Participants will be provided with an unsubscribe link in each newsletter they receive. Participants are free to unsubscribe at their own will, any time after receiving their first newsletter. Red Tricycle will not share or re-distribute the participant’s e-mail address to any third party unless the participant check in the co-registration box to subscribe for the sponsor’s newsletters on nomination and voting pages.

Unacceptable Material

Entries that contain pornographic material, propagate “hate” messages, make defamatory statements, or which are otherwise extraordinarily offensive are not eligible.

Disqualification

Ineligible entries may be disqualified at any phase of the competition without notification. Incomplete or late entries will be disqualified. Entries must comply with file specifications on entry page and must be in English. Entries must not infringe on, misappropriate or otherwise violate any third-party rights (including but not limited to copyright, trademark, rights of publicity or privacy or any other proprietary right), and must be deemed suitable by Red Tricycle. Entrant agrees to indemnify, defend and hold harmless Red Tricycle and each of its affiliates, and their respective officers, directors, employees and agents from any losses, damages, or expenses arising from or in connection with infringement, misappropriation or violation of any third party rights. Entries deemed lewd or offensive may be disqualified, in Red Tricycle’s sole discretion. Entries that comply with format specifications may be acknowledged by e-mail, but remain subject to full eligibility determinations at the sole discretion of Red Tricycle.

Terms and Conditions of Entry/Usage

Red Tricycle assumes all nominations are original and the entrant/nominator is either a consumer or business owner/representative. Red Tricycle is not liable for any copyright infringement on the part of the entrant. Submission of any entry acknowledges the right of the Red Tricycle to use it for exhibition, promotion and publication purposes in any medium. Timely submission of an entry meeting the eligibility requirements as stated herein ensures that an entrant’s work will be reviewed and considered for recognition. No other representation or warranty is made by Red Tricycle concerning entries and all implied warranties are hereby expressly disclaimed. If an entry receives an award, the manner and details of announcing such nomination and award is strictly within the discretion of Red Tricycle. Entrant understands that all awards may not be given or publicized in the same manner.

Privacy Policy

The personal data we collect from registered Red Tricycle users will not be disclosed to any third party, including advertisers. Red Tricycle will utilize this information to determine who users are, and where their interests lie. Red Tricycle may, at times, provide advertisers with demographical statistics of Red Tricycle users base as a whole (i.e., ; 70 percent of users have one children under the age of 5), but your personal information is stored on a restricted database server that can only be accessed by Red Tricycle. Red Tricycle maintains the right to contact registered Red Tricycle users regarding Totally Awesome Awards updates and, during the course of the Totally Awesome Awards, to invite registered users to join the Red Tricycle community or by sending email newsletter.

Links to Other Sites

The Red Tricycle website may include links that enable users to access third party Web sites. Red Tricycle is not responsible for the content that appears on those sites, and does not endorse these sites. Please consult those sites’ individual privacy policies in order to determine how they treat user information.

Caution

Any attempt by any person to deliberately damage any web site or undermine legitimate operation of a contest may constitute a violation of criminal and civil laws, and should such an attempt be made, Host reserves the right to seek damages from and/or to prosecute any such person to the fullest extent permitted by law.

Conditions

By participating in the Red Tricycle’s Totally Awesome Awards, entrants and winners agree to be bound by these Official Policies and Conditions and the decisions of Red Tricycle, which are final in all matters relating to the Awards and acknowledge compliance with these Official Policies. By participating in this Contest, each entrant and winner hereby agrees to Red Tricycle’s collection and usage of the entrant’s and winner’s personal information and acknowledges that entrant has read and accepted the above-referenced Privacy Policy and Terms of Use.

Red Tricycle is in no way liable for any damage, loss, or injury resulting from computer malfunctions, misdirected or incomplete entries, or acceptance and use of awards. Host and its agents shall have no liability or responsibility for injuries, damages or liabilities caused or claimed to be caused by participation in the Awards. Host reserves the right, in its sole discretion, to cancel, modify or suspend the Awards should virus, bugs, or other causes beyond the control of Host corrupt the administration, security, fairness, integrity or proper play of the Awards process.

By entering to the Red Tricycle’s Totally Awesome Awards or accepting an award, each entrant and winner hereby voluntarily and irrevocably releases, holds harmless and agrees not to institute any claim against Red Tricycle,  or any of their respective parents or affiliates, and their respective officers, directors, employees and agents from any losses, damages, or expenses from any and all injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, (1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; and/or (2) participation in the Awards related activities. Under no circumstances will any entrant or winner be permitted to obtain awards for, and each entrant and winner hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and entrant further waives all rights to have damages multiplied or increased.

By entering the Red Tricycle’s Totally Awesome Awards and accepting an award or otherwise submitting information in connection with this Awards, entrants and winners shall be deemed to have agreed to have their entry information made available to the Red Tricycle. By participating in this Contest, entrants and winners agree to be bound by these Official Policies and regulations and the decisions of Red Tricycle, which are final in all matters relating to these Awards and acknowledge compliance with these Offical Policies. Each entrant and winner acknowledges that the Privacy Policy and Terms of Use found on the Red Tricycle website are hereby incorporated by reference and apply to the submission of entries pursuant to these Official Policies.

By participating in the Red Tricycle’s Totally Awesome Awards, each entrant and winner hereby agrees to Red Tricycle’s collection and usage of the entrant’s and winner’s personal information and acknowledges that entrant has read and accepted the above-referenced Privacy Policy and Terms of Use. Red Tricycle and its affiliates are in no way liable for any damage, loss, or injury resulting from computer malfunctions, misdirected or incomplete entries, or acceptance and use of a prize. Host and its agents shall have no liability or responsibility for injuries, damages or liabilities caused or claimed to be caused by participation in the Contest or the use or misuse of a prize. Red Tricycle reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should virus, bugs, or other causes beyond the control of Host corrupt the administration, security, fairness, integrity or proper play of the Contest and award the prizes from all eligible entries received prior to cancellation or suspension.

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Red Tricycle Events Terms and Conditions

by Tuba Ugurulu
  1. ACCEPTANCE OF TERMS.

1.1 Overview.

The following terms of service (this “TOS”) govern all use by you as a Buyer (as defined below) or other non-Organizer (as defined below) user or visitor of (a) the Red Tricycle, Inc. websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by Red Tricycle, Inc. (“RED TRICYCLE”) in connection with events listed on the Site, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by RED TRICYCLE. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by RED TRICYCLE. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY RED TRICYCLE. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

1.2 Modification.

RED TRICYCLE reserves the right, at its sole discretion, to modify or replace any of the terms and conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

  1. DESCRIPTION OF RED TRICYCLE.

RED TRICYCLE provides a simple and quick means for registered users who are event organizers and planners (“Organizers”) to organize events and allow RED TRICYCE to collect payments with respect to the sale of tickets/registrations, merchandise, and services for,, events registered on the Site from users who want to attend such events (“Buyers” or “you”). Organizers may visit the Site, submit information about their event, including pricing, location, inventory, etc., and allow RED TRICYCLE to collect event registration fees online directly from Buyers. Payments are all transacted through Apple Pay, Paypal, Stripe, Shopify, or other third party payment service providers, subject to the applicable terms of use governing each such service. This TOS applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor of the Services (“non-Organizer” or “you”).

  1. YOUR USE OF THE SERVICES.

3.1 The Services.

RED TRICYCLE hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.

3.2 Software.

If you are allowed to download or use any Software in connection with the Services, RED TRICYCLE hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by RED TRICYCLE in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by RED TRICYCLE, including without limitation RED TRICYCLE s mobile applications (such as the RED TRICYCLE app). For clarity, the Software will be deemed a part of the “Services” hereunder.

The Software and the transmission of applicable data is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.

The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.

  1. PAYMENT.

4.1 Collection of Payment.

RED TRICYCLE will collect payments directly from the Buyer or non-Organizer. Payments are all transacted through Apple Pay, Paypal, Stripe, Shopify, or other third party payment service providers, are subject to the applicable terms of use governing each such service. RED TRICYCLE will pay the Organizer directly after the event has taken place.

4.2 Refunds.

RED TRICYCLE does not issue refunds unless the event is cancelled. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer. All communications or disputes regarding refunds are between the Organizer and Buyer RED TRICYCLE will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organizer and Buyer and RED TRICYCLE will not be responsible or liable in any way for chargebacks in connection with a Buyer’s use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organizer directly.

  1. YOUR REGISTRATION OBLIGATIONS.

To be a registered user of the Services, whether as a Buyer or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RED TRICYCLE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RED TRICYCLE has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). RED TRICYCLE is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

  1. CONTENT.

6.1 Site Content.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by RED TRICYCLE in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. RED TRICYCLE may own the Site Content or portions of the Site Content may be made available to RED TRICYCLE through arrangements with third parties. Except as expressly authorized by RED TRICYCLE in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of RED TRICYCLE. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

6.2 Your Content.

You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), you hereby grant to RED TRICYCLE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. RED TRICYCLE reserves the right to remove any of Your Content from the Site at any time if RED TRICYCLE believes in its sole discretion that it does not comply with this TOS. In addition, you agree that RED TRICYCLE may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of RED TRICYCLE both on the Site and in marketing and promotional materials.

6.3 DMCA.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (seehttp://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to:

RED TRICYCLE

Legal Department

150 Gate 5 Rd. Ste 203

Sausalito, CA 94965

415-729-9781

By Email: admin@tinybeans.go-vip.net

 

  1. CONDUCT.

7.1 Certain Restrictions.

Whether you are using the Services as a Buyer or other non-Organizer, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organizers, Buyers and other non-Organizers. You agree not to use the Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with the TOS and any rules or guidelines posted by RED TRICYCLE associated with any such promotion;
  • impersonate any person or entity, including, but not limited to, an RED TRICYCLE representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
  • upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by RED TRICYCLE;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
  • stalk or otherwise harass any person or entity.

7.2 Certain Remedial Rights.

Whether you are using the Services as a Buyer or other non-Organizer, you acknowledge that RED TRICYCLE does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that RED TRICYCLE and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that RED TRICYCLE may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of RED TRICYCLE, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

  1. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.

In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security’s Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

  1. INDEMNITY.

You agree to defend, indemnify and hold RED TRICYCLE, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. RED TRICYCLE shall provide notice to you of any such Claim, provided that the failure or delay by RED TRICYCLE in providing such notice shall not limit your obligations hereunder. RED TRICYCLE reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting RED TRICYCLE’s defense of such matter.

  1. SERVICE MODIFICATIONS/SUSPENSIONS.

RED TRICYCLE reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that RED TRICYCLE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

  1. TERMINATION.

RED TRICYCLE, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due RED TRICYCLE, or if RED TRICYCLE believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that RED TRICYCLE may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that RED TRICYCLE shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

  1. LINKS.

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because RED TRICYCLE has no control over such websites and resources, you acknowledge and agree that RED TRICYCLE is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that RED TRICYCLE shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

  1. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RED TRICYCLE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. RED TRICYCLE MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. RED TRICYCLE IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND RED TRICYCLE WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT RED TRICYCLE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to RED TRICYCLE. RED TRICYCLE, in its sole discretion, may investigate the claim and take necessary action.

  1. LIMITATION OF LIABILITY.

RED TRICYCLE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RED TRICYCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND RED TRICYCLE ‘S REASONABLE CONTROL. RED TRICYCLE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, RED TRICYCLE IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND RED TRICYCLE HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. RELEASE.

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE RED TRICYCLE, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

  1. PRIVACY.

All information provided by you or collected by RED TRICYCLE in connection with the Services is governed by RED TRICYCLE ‘s Privacy Policy, a copy of which is located at https://tinybeans.com/privacy-policy/, which is hereby incorporated by reference into this TOS. Please review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. RED TRICYCLE shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. RED TRICYCLE does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.

  1. NOTICE.

Notices to you may be made via either email or regular mail to the address in RED TRICYCLE ‘s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at Red Tricycle, Inc., 150 Gate 5 Road STE:203, Sausalito, CA 94965, USA.

  1. TRADEMARK INFORMATION.

The trademarks, service marks, and logos of RED TRICYCLE used and displayed in connection with the Services are registered and unregistered trademarks or service marks of RED TRICYCLE. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with RED TRICYCLE Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of RED TRICYCLE specific for each such use. The Trademarks may not be used to disparage RED TRICYCLE, any third party or RED TRICYCLE ‘s or third party’s products or services, or in any manner (in RED TRICYCLE ‘s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless RED TRICYCLE approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any RED TRICYCLE Trademark shall inure to RED TRICYCLE ‘s benefit.

  1. GENERAL.

20.1 Entire Agreement.

This TOS constitutes the entire agreement between you and RED TRICYCLE and governs your use of the Services as a Buyer or other non-Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and RED TRICYCLE on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by this TOS.

20.2 Choice of Law.

This TOS and the provision of the Services to you are governed by the laws of the state of California, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within California by California residents, without resort to its conflict of law provisions.

 

20.3 Arbitration.

Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and RED TRICYCLE agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California. Either you or RED TRICYCLE may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or property of you or RED TRICYCLE (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

20.4 Waiver; Invalid Provisions.

The failure or delay of RED TRICYCLE to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.

20.5 Time to File Claim.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

20.6 Titles.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

20.7 Violations.

Please report any violations of this TOS by email to admin@tinybeans.go-vip.net.

 

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