JACKSON KAYAK 2013 Holiday Sweepstakes Official Rules
Fan Sweepstakes (the “Sweepstakes”) is sponsored by JACKSON KAYAK, of 325 Iris Dr
Sparta, TN 38583 (the “Sponsor”). Sponsor is solely responsible for all aspects of the Sweepstakes. The Sweepstakes shall be subject to these Official Rules, and by entering, all entrants agree to be bound by the terms and conditions in these Official Rules.
1. ELIGIBILITY: The Sweepstakes is open to individuals who are legal residents of the fifty states of the U.S. and the District of Columbia who are 18 years of age or older. Employees of Sponsor and its parent Jackson Kayak, franchisees, partners, retailers, affiliates, subsidiaries, advertising and promotion agencies, printing suppliers and any other individual or Jackson Kayak involved in the development or execution of the Sweepstakes (collectively the “Promotion Parties”) and the immediate families (spouse, parents, children, siblings, and their respective spouses) and household members of each such employees (whether related or not), are not eligible to play or win. This Sweepstakes is subject to all applicable federal, state and local laws and regulations, and void where prohibited by such laws. By participating, you agree to these Official Rules and to the decisions of the independent judges whose decisions are final and binding in all respects. Sponsor reserves the right to verify eligibility qualifications of the winners.
2. HOW TO ENTER:
The Sweepstakes begins at 9:00 A.M. Pacific Standard Time November 23rd, 2012 and entries may be made until 11:59 P.M. Pacific Standard Time January 1st, 2013 (the “Entry Period”). From time to time during the Entry Period, the Sponsor will announce on www.JACKSON KAYAK.com and or http://www.facebook.com/JACKSONKAYAK (the “Entry Sites”) that Facebook users who have opted in to be fans of JACKSON KAYAK on the site on Facebook. After you have registered your kayak at http://life.jacksonkayak.com/start/ with the required information, you will receive one (1) entry (“Entry”) in the Sweepstakes. By registering and submitting your Entry, you agree that your Entry conforms to the Entry Guidelines and Content Restrictions as defined below (collectively, the “Entry Guidelines and Restrictions”).
Alternative Entry: To enter without creating or accessing the Internet, hand print your name, address, day and evening phone numbers, email address (if any), and age on a 3″ x 5″ piece of paper and mail it with proper postage to JACKSON KAYAK, ADRESS. Upon receipt, you will receive one (1) entry into the Sweepstakes. Limit: One (1) per boat registration. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Each entrant may submit only one Entry during the Entry Period. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to enter will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Sponsor cannot predict the number of Entries which will be made to the Sweepstakes.
Jackson Kayak is NOT responsible for any registrations that have been lost due to email activation routines that may impede boat registration.
ONCE YOU SUBMIT YOUR ENTRY, IT BECOMES THE PROPERTY OF SPONSOR.
3. DETERMINATION OF WINNER: The Sponsor will choose one Entry as the winner.
Winner will be notified within 60-days of the end of the Sweepstakes by email using the contact information provided with the original entry in the registration form. If winner does not respond by email to the notification within 3 calendar days, they will be disqualified and an alternate winner will be selected. Winner of the Sweepstakes may be required (in Sponsor’s sole discretion) to complete and return (within 10 calendar days of written notification) an Affidavit of Eligibility and Liability/Publicity Release. Failure to comply with the 10-day time period may result in disqualification and an alternate winner selected. Winner’s Entry submission and acceptance of the Prize offered constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) and Photo, in all forms of media worldwide, in perpetuity, without limitation, notice or further compensation.
4. PRIZES; ODDS OF WINNING: Eleven (11) Prizes will be awarded. The Prize consists of a Kokatat Dry Suite and GoPro Hero 3 cameras or similar (specific manufacture, model and features selected at sole discretion of Sponsor) with an approximate estimated retail value of less than $4000 (the “Prize”). The odds of winning depend on the number of eligible entries received.
5. PRIZE CONDITIONS: Each winner is responsible for all taxes, including federal, state, and local, applicable to the acceptance and use of the Prize. The right to receive a Prize, if any, is non-transferable, and Prize substitutions are not allowed (except at the election of Sponsor).
6. ENTRY GUIDELINES AND RESTRICTIONS: The Entry must meet the following guidelines (“Entry Guidelines”):
JACKSON KAYAK WILL VALIDATE THE PURCHASE DATE OF THE KAYAK
The Entry must additionally comply with the following restrictions (“Content Restrictions”): If any individual in the Entry is deemed a minor in the jurisdiction in which he or she resides, such minor’s parent or legal guardian must have consented to the use of the Entry in this Sweepstakes, prior to entrant submitting the Entry;
The Entry must not contain any third party brand names, logos or trademarks;
The Entry must not contain material that is hateful, tortuous, defamatory, slanderous or libelous toward any person living or deceased, or otherwise infringe upon any person’s personal or proprietary rights;
The Entry must not contain material that is obscene, sexually explicit or pornographic or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that is designed to annoy or harass;
The Entry must not make any references to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any depiction or representation thereof;
The Entry must not contain any virus, Trojans, hacks, spyware, or malicious code of any type;
The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Entry is created.
Failure of any Entry to comply with the above Entry Guidelines and Restrictions, as determined by Sponsor in its sole discretion, may result in the deletion of the Entry and disqualification from the Sweepstakes. No Entry will be acknowledged or returned. Sponsor shall have the right to delete, edit, adapt and publish any or all of the Entries, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. As more fully explained in Section 11 below, SUBMITTING AN ENTRY IN THIS SWEEPSTAKES CONSTITUTES GRANT OF AN IRREVOCABLE, ROYALTY-FREE WORLDWIDE LICENSE TO SPONSOR AND ITS AFFILIATES TO REPRODUCE AND DISPLAY THE ENTRY, OR ANY DERIVATIVE THEREOF, IN ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED, INCLUDING, WITHOUT LIMITATION, THE INTERNET, IN PERPETUITY. Promotion Parties are not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Entries. Such Entries are void and will be disqualified. Promotion Parties are not responsible for inability to connect to any website including but not limited to the Entry Site. Promotion Parties are not responsible for inability to upload the Photos. Sponsor, in its sole discretion, may feature any Photo submitted in this Sweepstakes at any time during, or after, the Entry Period on any related websites, in any promotional materials, whether related or unrelated to the Sweepstakes or printed or otherwise, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate.
7. REPRESENTATIONS AND WARRANTIES BY ENTRANT: By submitting an Entry the entrant warrants with respect to each Entry (and Photo) that he or she own all copyrights and other rights to the Photo and that (i) the Entry complies with these Official Rules, including without limitation all Entry Guidelines and Content Restrictions; (ii) the Photo does not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; (iii) the Entry complies with all applicable laws, rules, and regulations; (iv) there are no claims, demands or any form of litigation pending or threatened with respect to any Entry; (v) Promotion Parties will not be required to make any payments to any third party in connection with its use of any Entry; (v) the entrant has not previously granted any rights to the Photo to any other person or organization, nor does any third party have any interest in such Sponsor; and (vi) entrant shall indemnify and defend the Promotion Parties against any and all claims or causes of action arising out of any of any of the foregoing representations and warranties.
8. LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE OFFICIAL RULES OR ELSEWHERE, SPONSOR MAKES AVAILABLE THE SWEEPSTAKES, AND ANY PRIZES ON AN “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION THEREWITH. SPONSOR SHALL NOT BE LIABLE TO ANY ENTRANT OR WINNER FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND – INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA – ARISING OUT OF THE SWEEPSTAKES, REGARDLESS OF WHETHER SPONSOR WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. THE TOTAL AGGREGATE LIABILITY OF SPONSOR TO ENTRANTS, WINNERS, OR OTHER THIRD PARTIES ARISING OUT OF OR RELATING TO THE SWEEPSTAKES WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS.
By participating, the entrant agrees to release, defend, hold harmless and indemnify the Promotion Parties and their respective parents, directors, officers, employees, shareholders and agents against any and all liability, damages claims or causes of action (however named or described), with respect to or arising out of entrant’s participation or inability to participate in this Sweepstakes, and/or the receipt, use or misuse of the Prizes awarded herein.
10. WINNERS LIST: List of winner(s) will be published on the Sponsor’s website at www.JACKSON KAYAK.com for a month following the end of the Entry Period and will be available by written request to Sponsor (at address listed above) after that period of time.
12. GENERAL: The laws of the State of California govern this Sweepstakes without reference to choice of law principles. Any dispute regarding the Sweepstakes is exclusively subject to binding arbitration (with one (1) arbitrator sitting) in San Francisco, CA pursuant to the commercial arbitration rules of the American Arbitration Association. Entrants hereby irrevocably waive any and all right to a trial by jury in any legal proceeding arising out of or relating to the Sweepstakes. Entrants further waive any objection to venue in San Francisco, whether such objection is based on lack of personal jurisdiction, improper venue, forum non conveniens, or the like. Sponsor reserves the right to modify the rules at any time.