NAUTICAL FOR A CURE SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION IN THE SWEEPSTAKES IS RESTRICTED TO INDIVIDUALS, 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. ACCESS TO THE INTERNET IS REQUIRED TO PARTICIPATE
I. ELIGIBILITY: NAUTICAL FOR A CURE GIVEAWAY (the “Sweepstakes” or “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age and older at time of entry. Officers, directors and employees of Sea Bags, LLC (Co-Sponsor), CHART metalworks (Co-Sponsor), and each of their respective parent, subsidiary and affiliated companies, sales representatives, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Promotion (collectively, “Sweepstakes Entities”), and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are not eligible to participate in the Promotion. The Sweepstakes is subject to all applicable federal, state, and local and international laws and regulations, and is void where prohibited by law.
II. SWEEPSTAKES PERIOD: The Sweepstakes begins November 28, 2017 at 12:00 AM Eastern Standard Time and ends November 30, 2017 at 12:00 PM (“Entry Period”). The computer clock of Sponsor’s web-master is the official timekeeping device of the Sweepstakes.
III. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Entry Period, an individual (“Participant” or “you”) is invited to visit http://seabags.me/2yRAljP to register your complete Full Name, email, and then click on “Enter Now” to complete your registration. This information will not be used for any marketing purposes unless Participant has opted into Co-Sponsor’s email list. Upon completion of entry, each Participant is automatically entered into the Sweepstakes. Limit one entry per person per email address. If you do not wish to enter the Sweepstakes online, please submit your entry via mail postmarked no later than November 28, 2017 with your name, address, telephone number and email address to:
Melissa Mitchell c/o Sea Bags, 25 Custom House Wharf, Portland, Maine 04101
By entering, you acknowledge compliance with these Official Rules, including all eligibility requirements, and Terms and Conditions of the Co-Sponsor’s Website, as applicable. Co-Sponsors reserve the right to disqualify any entry that it determines, in its sole discretion, has violated any provision of these Official Rules as applicable, and its decisions in this regard is final. Proof that you entered the Sweepstakes online does not constitute evidence that it was received by the appropriate deadline. Participants waive all rights and remedies at law or in equity for any claim they may have relating to this Sweepstakes as a condition to receive any prize for which a Participant may be eligible to win. Incomplete entries are void. All entries and information become the property of Co-Sponsors and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder of the email account used to enter will be deemed to be the Participant. The "authorized account" holder is the natural person assigned the email account by email. Potential winner may be required to show proof of being the authorized account holder.
IV. WINNERS DRAWINGAND NOTIFICATION: Prize Winners will be selected by random drawing from all eligible entries received during the Sweepstakes Entry Period. One Grand Prize will be awarded; The Grand Prize Winner will be selected on November 30, 2017. The Sponsor’s decision is final and binding on all matters relating to the drawings. The potential Winner is notified by email. If the potential Winner cannot be contacted within two (2) days of notification, rejects the prize, or whose phone provider indicates that the email is invalid or unable to receive the communication (even if ultimately delivered thereafter), the Prize will be forfeited and an alternate Winner will be selected. The Grand Prize potential Winner is required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (“Prize Acceptance Release“) within two (2) days of the first attempted notification of the prize, or that potential Winner will be disqualified and an alternate potential Winner will be selected based on the criteria herein.
V. PRIZES (“Prizes”): The following Prize will be awarded:
The actual retail value (ARV) of the Prize is $190.00 (USD).
VI. ODDS OF WINNING: The odds of winning will depend on the number of eligible entries received. Many will enter, one will win.
VII. CONDITIONS OF PARTICIPATION: By entering, all winners consent to the use of their name, image, likeness, photograph, voice and biographical material for advertising, publicity and promotional purposes by Sponsor or a party designated by them, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Participants agree that if selected as a Winner, they will grant to the Sponsor, and its designees the right to film and later publish footage of the Winner during their redemption of the Grand Prize. By entering, Participants and Winners release and hold harmless Released Entities from any claims, actions, injury, loss or damage of any kind, including but not limited to, personal injury or death, resulting from participating in this Promotion or from the acceptance, possession, use or misuse of any Prize awarded or participation in any Prize-related activity.
VIII. GENERAL PRIZE TERMS & CONDITIONS: If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if any potential Winner declines the Prize for any reason prior to award, such potential Winner may be disqualified, even if the disqualified potential Winner’s name may have been shown/announced online, an alternate potential Winner may be selected at the discretion of the Sponsor. The ARV of Prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the Prize is awarded or redeemed. No cash equivalent will be awarded in lieu of Prizes and all Prizes are non-transferable; no substitute prizes will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason.
IX. GRAND PRIZE TERMS AND CONDITIONS: The Grand Prize Winner is required to complete and return the Prize Acceptance Release within two (2) days of notification. If the Grand Prize Winner becomes disabled or cannot otherwise fully enjoy the Grand Prize due to illness, the Sponsor shall have the option of: (a) being relieved of liability for fulfillment of the Prize award; or (b) at Sponsor’s sole and absolute discretion, extending the period during which the Prize may be awarded for a period equal to the duration of the Grand Prize Winner's disability or illness, in which case certain Prize components may not be available. The Grand Prize Winner must prove such disability by a doctor's certificate.
The Co-Sponsors and its agents are not in any way responsible or liable for damages resulting from shipping and handling. All decisions by Co-Sponsors as to Winners and Prizes are final.
XI. ENTRY ERRORS/TAMPERING: Sponsor is not responsible for: (i) electronic or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, postage-due or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Co-Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by Participants or by any of the equipment or programming associated with or utilized in the Sweepstakes, (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of prize/prize Winners; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks). If for any reason the Sweepstakes cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Co-Sponsors reserves the right to cancel, modify or terminate the Sweepstakes and reserves the right, but shall not be obligated, to randomly select the Winners from among all non-suspect entries received as of the date/time of such termination/cancellation or modification. Co-Sponsors reserve the right, at their sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
XII. LIMITATION OF LIABILITY: Without limiting any other limitations or disclaimers of liability herein, in the event of any claim by a Participant against Sponsor or Prize Supplier, 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 shall there be a claim or award of attorneys’ fees or costs; and under no circumstances will Participants be permitted to obtain, and Participant hereby waives all rights to claim, punitive, incidental, special, indirect 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.
XIII. DISPUTE RESOLUTION: Participants agree that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with the Sweepstakes shall be resolved, upon the election by either the Participant or Sponsor, by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by the Sponsors.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR PARTICIPANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Unless both the Participant and the Co-Sponsors agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's authority to resolve Claims is limited to Claims between Co-Sponsors and the Participant alone, and the arbitrator's authority to make awards is limited to awards to Co-Sponsors and the Participant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party's right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void.
IF ARBITRATION IS NOT USED TO RESOLVE A CLAIM, THE PARTICIPANT AGREES THAT THERE WILL NOT BE A JURY TRIAL. PARTICIPANT AND SPONSOR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
Participant agrees that this Sweepstakes shall be subject to and governed by the laws of the State of Maine, without giving any effect to the principals of conflicts of law, and the forum for any dispute shall be in Portland, Maine.
XIV. WINNERS’ LIST: For the names of the Winners send a self-addressed, stamped legal size envelope no later than November 30, 2017 to: Customer Service, 25 Custom House Wharf, Portland, Maine 04101. The names of the Winners may also be posted on Co-Sponsor’s website between the above-referenced dates.
Sea Bags, 25 Custom House Wharf, Portland, Maine 04101
CHART Metalworks, 1 Pleasant St, STE 2E, Portland, Maine 04101