West Marine Products Inc.
“$250 West Marine Gift Card”
Sweepstakes
Official Rules
CANADA (EXCLUDING
THE PROVINCE OF QUEBEC) 18 YEARS OF AGE OR OVER. VOID WHERE
PROHIBITED OR
RESTRICTED BY LAW.
1.
Sweepstakes Period: The
“$250 West
Marine Gift Card” Sweepstakes
(the “Sweepstakes”)
begins
monthly at 12:01p.m. Eastern Standard Time (“EST”) on (see table
below) and
ends at 11:59 p.m. EST on (see table below) (the “Sweepstakes
Period”). The
monthly Sweepstakes Period is based on
the date that the completed survey was submitted.
Promotion
Month |
Start
Date |
End
Date |
Mail
Postmark
By |
Winner
Announced
|
January
2015 |
1/1/15
|
1/31/15
|
1/31/15
|
2/7/15
|
February
2015 |
2/1/15
|
2/28/15
|
2/28/15
|
3/7/15
|
March
2015 |
3/1/15
|
3/31/15
|
3/31/15
|
4/7/15
|
April
2015 |
4/1/15
|
4/30/15
|
4/30/15
|
5/7/15
|
May
2015 |
5/1/15
|
5/31/15
|
5/31/15
|
6/7/15
|
June
2015 |
6/1/15
|
6/30/15
|
6/30/15
|
7/7/15
|
June
2015 |
6/1/15
|
6/30/15
|
6/30/15
|
7/7/15
|
July
2015 |
7/1/15
|
7/31/15
|
7/31/15
|
8/7/15
|
August
2015 |
8/1/15
|
8/31/15
|
8/31/15
|
9/8/15
|
September
2015 |
9/1/15
|
9/30/15
|
9/30/15
|
10/7/15
|
October
2015 |
10/1/15
|
10/31/15
|
10/31/15
|
11/7/15
|
November
2015 |
11/1/15
|
11/30/15
|
11/30/15
|
12/7/15
|
December
2015 |
12/1/15
|
12/31/15
|
12/31/15
|
1/7/16
|
2. Eligibility: The
Sweepstakes is open to
legal residents of the 50 United States, the District of Columbia,
Puerto Rico,
and Canada (excluding the province of Quebec), who are 18 years of
age or older
as of date of Entry and who comply with these Official Rules. Employees of West Marine
Products Inc., 500
Westridge Drive, Watsonville, CA
95076
(referred to herein as the “Sponsor” or “West Marine”),
International Paint and
all other AkzoNobel companies (“Interlux”), American Sweepstakes
&
Promotion Company Inc. (the
“Administrator”),
their
respective parents, subsidiaries, divisions, affiliates,
suppliers,
distributors and advertising, promotional and judging agencies
(collectively
“Sponsor & its Administrators”) and the immediate family
members (spouses,
parents, children, and siblings and their spouses) and household
members of
each, are not eligible to participate or win. Void where
prohibited by law and
subject to all federal, state and local laws.
3. Entries: Limit of one (1) Entry
per person, per e-mail
address and per mailing address accepted for this Sweepstakes. Upon completion of the
survey the entry will
be submitted in the monthly Sweepstakes.
Any Entry not in compliance with the above and which does
not meet the
requirements of these Official Rules will be disqualified. All Entries submitted
become the property of
the Sponsor and will not be acknowledged or returned.
A. To Enter Via the Internet:
After completing the survey located at www.westmarinefeedback.com
(for Retail Stores) or www.portsupplyfeedback.com
(for Port Supply) follow the Entry instructions. You will be asked to provide your first name, last name, complete mailing address, city, state, zip code, telephone number (with area code), Age Range and e-mail address. Complete all information requested in the information fields. When your Entry is complete, click on the area marked “Submit” (“Online Entry”).Once submitted, an Online Entry cannot be deleted, canceled or modified. Online Entries must
originate through www.westmarinefeedback.com
(for Retail) or www.portsupplyfeedback.com
(for Port Supply) to be eligible.
Enter
using only an e-mail address subscribed and registered in your
name. In the
event of a dispute as to Online Entries submitted by multiple
individuals using
the same e-mail account, subscriber is deemed to be the natural
person who is
assigned an e-mail address by an Internet access provider, online
service
provider or other organization which is responsible for assigning
e-mail
addresses or the domain associated with the submitted e-mail
address.
C. To Enter By Mail: To enter
by mail, without purchase or obligation, send your name (first and
last name),
complete mailing address, city, state, zip code and day and
evening telephone
numbers with area code hand-printed on a 3-1/2” x 5”piece of paper
to: Western
Marine Products “$250 West Marine Gift Card” Sweepstakes, 500
Westridge Drive,
Watsonville, CA 95076 (“Mail Entry”). Mail Entries must be
postmarked by the
date specified in the table (below).
Sponsor
is not responsible for delayed or late deliveries of Entries,
Entries lost,
misdirected or otherwise misplaced in the mail or Entries not
otherwise
received regardless of reason.
Promotion
Month |
Start
Date |
End
Date |
Mail
Postmark
By |
Winner
Announced
|
January
2015 |
1/1/15
|
1/31/15
|
1/31/15
|
2/7/15
|
February
2015 |
2/1/15
|
2/28/15
|
2/28/15
|
3/7/15
|
March
2015 |
3/1/15
|
3/31/15
|
3/31/15
|
4/7/15
|
April
2015 |
4/1/15
|
4/30/15
|
4/30/15
|
5/7/15
|
May
2015 |
5/1/15
|
5/31/15
|
5/31/15
|
6/7/15
|
June
2015 |
6/1/15
|
6/30/15
|
6/30/15
|
7/7/15
|
June
2015 |
6/1/15
|
6/30/15
|
6/30/15
|
7/7/15
|
July
2015 |
7/1/15
|
7/31/15
|
7/31/15
|
8/7/15
|
August
2015 |
8/1/15
|
8/31/15
|
8/31/15
|
9/8/15
|
September
2015 |
9/1/15
|
9/30/15
|
9/30/15
|
10/7/15
|
October
2015 |
10/1/15
|
10/31/15
|
10/31/15
|
11/7/15
|
November
2015 |
11/1/15
|
11/30/15
|
11/30/15
|
12/7/15
|
December
2015 |
12/1/15
|
12/31/15
|
12/31/15
|
1/7/16
|
4. Sweepstakes Random Drawing:
A Winner
will be selected in a random drawing from among all eligible
Entries received
throughout the entire Sweepstakes Period. The random drawing will
take place on
or about (see table below). The random drawing will be conducted
by the
Administrator whose decisions are final on all matters relating to
the
Sweepstakes. The odds of winning a Sweepstakes prize will depend
on the number
of eligible Sweepstakes Entries received.
Marine Gift Card.
Following the
conclusion of the each monthly Promotion, one
(1) winner will
receive a
pre-loaded West Marine Gift Card in the amount of $250.00 USD. However, if a winner is
a resident of Canada
(other than Quebec), then the Gift Card will be awarded in C$250
Canadian
dollars (CAD). The
Gift Card may be used
only for the purchase of products at any West Marine store
location in the
United States or Puerto Rico (except for Canadian winners, in
which case the
Gift Card may only be used to purchase products at any West Marine
stores
located in Canada exclusively).
Except
where prohibited by law, the Gift Card cannot be redeemed for
cash. They have no
cash or other currency
redemption or value. No
cash change,
credit or difference in face value will be redeemable or given for
the Gift
Cards. The value of a Gift Card that is lost, stolen,
destroyed, altered or
used without the owner's permission will not be replaced or
refunded. Gift
Cards may not be used as payments for loans or debts to West
Marine Insurance
or West Marine Credit Card. The Gift Cards have no value until
activated.
The Grand Prize
package has a
total ARV of $250.00 USD OR, IF THE
WINNER RESIDES IN
CANADA, THEN A
TOTAL ARV OF C$250.00 CAD.
6.
Prize
Conditions: The Winner is solely responsible for all
applicable federal,
state and local taxes and/or any other fees/costs associated with
the prize or
receipt of the prize. If a Canadian citizen wins the Grand Prize,
they will be
required to answer, unaided, a mathematical skill-testing
question. The Winner
will be required to sign and return an Affidavit of Eligibility
and Liability /
Publicity Release (unless prohibited) within 15 days of written
notification or
prize winner will be disqualified.
In
the event of noncompliance with the Official Rules, if a winner
cannot be
reached at the address/phone number on winner’s Entry within five
(5) days of
the first attempt, or if the prize or prize notification is
returned as
unclaimed or undeliverable, an alternate winner will be selected. The Winner’s Entry 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 or province), in
all forms of
media, in perpetuity, without notice or further compensation.
7.
Other
Terms & Conditions: This Sweepstakes is subject to all
applicable
federal, state, local and provincial regulations and laws. By
participating,
Entrants agree to be bound by these Official Rules and the
decisions of the
Sponsor and Administrator, and waive any right to claim ambiguity
in the
Sweepstakes or these Official Rules. Winners and Entrants also
agree to
release, discharge, indemnify and hold harmless the Sponsor,
Administrator,
vendors associated with the Sweepstakes, and their respective
affiliates,
agents, officers and employees, from and against any claims,
damages or
liability due to any injuries, damages or losses to any person
(including
death) or property of any kind resulting in whole or in any part,
directly or
indirectly, from acceptance, possession, use or misuse of any
prize offered, or
participation in this Sweepstakes to the fullest extent permitted
by law. Any
person attempting to defraud or in any way tamper with the
Sweepstakes
mechanics and/or implementation will be prosecuted to the full
extent of the
law. This Sweepstakes is void where prohibited.
Entrants acknowledge that Sponsor and its agents have not
made any
representation, warranty or guaranty, in whole or in part, in law
or in fact,
relative to the prize. Winners
may be
required to complete a declaration of eligibility and, to the
extent permitted
by applicable law, a liability release and a publicity release,
which must be
returned within time period specified by Sponsor or an alternate
winner may be
selected. West Marine
reserves the right
to directly contact all Entrants that have not opted-out to
receive future
promotional offerings and additional information from West Marine.
8.
FALSE
OR MISLEADING INFORMATION:
Any false
information provided within the context of the Sweepstakes by any
Entrant
concerning identity, mailing address, telephone number, email
address, or
non-compliance with these Official Rules, may result in the
immediate
elimination of the Entrant from the
Sweepstakes. Administrator further
reserves the right to
disqualify any Entry that it believes infringes upon or violates
the right(s)
of any third party, otherwise does not comply with these Official
Rules, or
violates United States or any other applicable law in Entrant’s
country or
state of residence.
9.
WARRANTY
AND INDEMNITY: Each
Entrant further
warrants and represents (a)
that his or
her Entry does not violate any federal, state, provincial or local
law, rule or
regulation, or any other applicable law where ever found; (b) that
his or her
Entry is not defamatory, slanderous or libelous or portray any
person or
persons in a false light; (c) that the Entry, or the means of its
transmission,
does not contain any virus, bugs or other deleterious material,
and (d) that
the Entrant will follow these Official Rules.
By entering this Sweepstakes, Entrant agrees to indemnify,
defend and
hold harmless Sponsor and
Administrator from
and against
any action or liability resulting from the publishing of his or
her Entry
and/or use of the Entry as otherwise permitted by these Official
Rules. To the maximum
extent permitted by law, each
Entrant agrees that he or she shall and does indemnify and agrees
to keep
indemnified Sponsor and Administrator at all times from and
against any and all
liability, claims, demands, losses, damages, costs and expenses
resulting from
any act, default or omission of the Entrant and/or a breach by
Entrant of any
warranty or rules set forth herein. To the maximum extent
permitted by law,
each Entrant agrees to defend, indemnify and hold harmless Sponsor
and
Administrator, its affiliates and each respective directors,
officers,
employees and agents from and against any and all claims, actions,
suits or
proceedings, as well as any and all losses, liabilities, damages,
costs and
expenses (including reasonable attorney’s fees) arising out of,
relating to or
accruing from (a) any material uploaded or otherwise provided by
the Entrant
that infringes any copyright, trademark, trade secret, trade
dress, patent or
other intellectual property or proprietary right of any person or
entity or
defames any person or violates their rights of publicity or
privacy, (b) any
misrepresentation made by the Entrant in connection with the
Sweepstakes; (c)
any non-compliance by the Entrant with these Official Rules; and
(d) claims
brought by persons or entities, other than Sponsor or
Administrator, arising
from
or related to the
Entrant's
involvement with the Sweepstakes. CAUTION: ANY
ATTEMPT TO
DELIBERATELY DAMAGE
ANY WEBSITE OR UNDERMINE
THE LEGITIMATE
OPERATION OF THE
SWEEPSTAKES MAY BE A
VIOLATION OF
CRIMINAL AND CIVIL
LAWS AND SHOULD SUCH AN
ATTEMPT BE MADE, THE
SPONSOR
RESERVES THE RIGHT TO SEEK
DAMAGES OR OTHER
REMEDIES FROM
ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST
EXTENT PERMITTED
BY LAW.
10.
RELEASE: By participating in this
Sweepstakes, each
Entrant agrees (a) to these Official Rules and all decisions of
Sponsor and
Administrator which shall be final in all respects relating to
this
Sweepstakes; and (b) to release, discharge and hold harmless
Sponsor and
Administrator, its respective directors, officers, employees and
assigns, from
any and all injuries, liability, losses and damages of any kind
caused or
claimed to be caused by, relating to or resulting from Entrant
participation in
the Sweepstakes and/or acceptance, use or misuse of a prize
including, without
limitation, personal injury, death and property damage, and claims
based on
publicity rights, copyright, trademark, patent, proprietary or
intellectual
property interest or right, defamation or invasion of privacy. In addition, Sponsor and
Administrator are
not responsible for and shall not be liable for (a) electronic,
hardware or
software program, network, Internet or computer malfunctions,
failures, or
difficulties of any kind, including without limitation, server
malfunction or
by any human error which may occur in the processing of Entries;
(b) failed,
incomplete, garbled or delayed computer transmission; (c) lost,
late,
misdirected, damaged, incomplete Entries or postage due mail; or
(d) any
condition caused by events beyond the control of Sponsor or
Administrator that
may cause the Sweepstakes to be disrupted or corrupted. Sponsor reserves the
right to cancel,
terminate, modify or suspend the Sweepstakes or any portion
thereof should viruses,
bugs or other causes beyond the control of Sponsor or
Administrator corrupt the
administration, security or proper play or running of the
Sweepstakes in any
way, and limit Entries to those submitted prior to the
cancellation,
termination, modification or suspension, or to proceed in such a
manner as may
be deemed fair and equitable.
11.
RIGHT TO
CANCEL: If, for
any reason, the
Sweepstakes, or any portion of the Sweepstakes is not capable of
running as
planned or is compromised in any way, including infection by
computer virus,
worms, bugs, tampering, unauthorized intervention, fraud,
technical failures,
or any other causes which corrupt, impair or affect the
administration,
submission of Entries, security, fairness, integrity, proper play
or conduct of
the Sweepstakes, Sponsor reserves the right to cancel, terminate,
modify or
suspend the Sweepstakes.
12.
INTERNET:
Sponsor is not responsible for electronic transmission errors
resulting in
omission, interruption, deletion, defect, delay in operations or
transmission.
Sponsor and Administrator are not responsible for theft or
destruction or
unauthorized access to or alterations of Entry materials, or for
technical,
network, telephone equipment, electronic, computer, hardware or
software
malfunctions or limitations of any kind. Sponsor is not
responsible for
inaccurate transmissions of or failure to receive any Entry or
Entrant
information on account of technical problems or traffic congestion
on the
Internet or at any Web site or any combination thereof. 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. The Sponsor also is not
responsible for
any problems or technical malfunction of any telephone network or
telephone
lines, computer online systems, servers, or providers, computer
equipment,
software, failure or delay of any email or Entry to be received by
Sponsor on
account of technical problems, human error or traffic congestion
on the
Internet or at any website, or any combination thereof. Sponsor is not
responsible for any damage to
an Entrant’s system which is occasioned by participating in this
Sweepstakes or
by downloading any information necessary to participate in the
Sweepstakes. Sponsor
also is not responsible for incorrect
or inaccurate Entry information whether caused by Internet users
or by any of
the equipment or programming associated with or utilized in the
Sweepstakes or
by any technical or human error which may occur in the processing
of the
Entries in the Sweepstakes.
Any and all uses of
and access to
West Marine's website(s), and any and all information or date, in
every form,
contained, referenced or used therein, is governed and controlled
by West
Marine's Terms of Use
(http://www.westmarine.com/webapp/wcs/stores/servlet/CustomerServiceVi
ew?langId=-1&storeId=11151&catalogId=10001&page=Terms-Of-Use),
which
are incorporated into these Official Rules by reference herein. Each Entrant shall read
West Marine's Terms of Use
(http://www.westmarine.com/webapp/wcs/stores/servlet/CustomerServiceVi
ew?langId=-1&storeId=11151&catalogId=10001&page=Terms-Of-Use)
and each Entrant acknowledges and agrees, by entering this
Sweepstakes, to
comply with West Marine's Terms of Use.
To the extent required by law, nothing in these Official
Rules shall
limit or exclude West Marine's or Entrant(s) liability for fraud,
or for death
or personal injury caused by the negligence of Entrant(s) or West
Marine, or
any other liability to the extent such liability cannot be
excluded or limited
as a matter of law.
PROCEDURES: By entering the Sweepstakes, you, as the
Entrant, agree
that these Official Rules and this Sweepstakes, including all
issues and
questions concerning the construction, validity, interpretation
and
enforceability of these Official Rules and this Sweepstakes; any
dispute or
claim arising out of the play of this Sweepstakes; any dispute or
claim with
website users which arise as a result of the use of West Marine’s
websites; or
the rights and obligations of Entrant(s), Sponsor and/or
Administrator in
connection with this Sweepstakes, shall be governed by, subject
to, and
construed in accordance with the laws of the State of California,
United States
of America, excluding all conflict of law rules, and all
proceedings shall take
place in Santa Cruz County, California. If any provision(s) of
these Official
Rules are held to be invalid or unenforceable, all remaining
provisions hereof
will remain in full force and effect. To the extent permitted by
law, the
rights to litigate, seek injunctive relief or make any other
recourse to
judicial or any other procedure in case of disputes or claims
resulting from,
relating to or in connection with this Sweepstakes are hereby
excluded, and all
Entrants expressly waive any and all such rights.
circumstances shall
the
submission of an Entry into or participation in this Sweepstakes,
the awarding
of a prize, or anything in these Official Rules be construed as an
offer or
contract of employment with either Sponsor or any participating
entity or person. Each
Entrant acknowledges that he or she has
submitted his or her Entry voluntarily and not in confidence or in
trust. Each
Entrant acknowledges that no confidential, fiduciary, agency or
other
relationship or implied-in-fact contract now exists between
Entrant and Sponsor
or any other participating entity or person and that no such
relationship is
established by submission of an Entry under these Official Rules,
except as
otherwise expressly stated herein.
15. DISCLAIMERS: BY PARTICIPATING IN THIS
SWEEPSTAKES, YOU,
THE
ENTRANT, AGREE THAT
WEST MARINE
MAKES NO WARRANTY,
REPRESENTATION, OR
GUARANTEE OF
ANY KIND TO ANY ONE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW,
RELATING TO THE
SWEEPSTAKES AND/OR THE PRIZES.
16. Winner List: To request
confirmation of
the name and address of the
Winner, please send
a
self-addressed, stamped business size envelope, by
within 30 days of
the end date of
each monthly sweepstakes (see table below) to:
“$250 West Marine Gift Card” Sweepstakes Winners List
Request, 500 Westridge
Drive, Watsonville, CA 95076.
Promotion
Month |
Start
Date |
End
Date |
Mail
Postmark
By |
Winner
Announced
|
January
2015 |
1/1/15
|
1/31/15
|
1/31/15
|
2/7/15
|
February
2015 |
2/1/15
|
2/28/15
|
2/28/15
|
3/7/15
|
March
2015 |
3/1/15
|
3/31/15
|
3/31/15
|
4/7/15
|
April
2015 |
4/1/15
|
4/30/15
|
4/30/15
|
5/7/15
|
May
2015 |
5/1/15
|
5/31/15
|
5/31/15
|
6/7/15
|
June
2015 |
6/1/15
|
6/30/15
|
6/30/15
|
7/7/15
|
June
2015 |
6/1/15
|
6/30/15
|
6/30/15
|
7/7/15
|
July
2015 |
7/1/15
|
7/31/15
|
7/31/15
|
8/7/15
|
August
2015 |
8/1/15
|
8/31/15
|
8/31/15
|
9/8/15
|
September
2015 |
9/1/15
|
9/30/15
|
9/30/15
|
10/7/15
|
October
2015 |
10/1/15
|
10/31/15
|
10/31/15
|
11/7/15
|
November
2015 |
11/1/15
|
11/30/15
|
11/30/15
|
12/7/15
|
December
2015 |
12/1/15
|
12/31/15
|
12/31/15
|
1/7/16
|
17.
Official Rules by Mail: For your own copy of the
Official Rules, send
a self addressed stamped envelope to “$250 West Marine Gift Card”
Sweepstakes
Official Rules Request, 500 Westridge Drive, Watsonville, CA 95076
postmarked
by 12/31/15.
18. Privacy Policy: Collection and handling
of personally
identifiable information will be in accordance with Sponsor’s
Privacy Policy
stated at www.westmarine.com.
19. Administrator: West Marine
Products, Inc., 500 Westridge
Drive, Watsonville, CA 95076.
.