NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR ENTRY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, YouTube or Twitter. You understand that you are supplying your information to the Sponsor and not to Facebook, Instagram, YouTube or Twitter. This Sweepstakes shall not be published without permission of the Sponsor.
SPONSOR / ADMINISTRATOR: The “Retreat to Whidbey Giveaway” (“Sweepstakes”) is sponsored by Filson HQ located at 1741 1st Ave S, Seattle, WA 98134 (“Sponsor”) and is administered by SmartMedia Technologies, Inc. (“SMT”) located at 201 Main Street, Suite 102, Carbondale, CO 81623 (“Administrator”) and National Sweepstakes Company, LLC located at 1143 East Union Street, Newark, NY 14513 (also, an “Administrator”).
SWEEPSTAKES TIMING/ENTRY PERIODS: The Sweepstakes begins on October 21, 2022 at 12:00 AM Mountain Time (“MT”) and ends on November 17, 2022 at 11:59 PM MT (“Sweepstakes Period”). The Sponsor’s computer is the official time keeping device for this Sweepstakes. The Sweepstakes Period includes four (4) weekly entry periods (each an “Entry Period”), each associated with a random drawing. There will be one (1) weekly prize winner (each a “Weekly Prize Winner”) selected for each Entry Period. Each Weekly Prize Winner will receive a weekly prize (“Weekly Prize”). Each Entry Period begins at 12:00 AM MT on the first day of the Entry Period and ends at 11:59 PM MT on the last day of the Entry Period. The four (4) Entry Periods and drawing dates are:
|Entry Period||Start Date||End Date||Drawing Date|
In addition to the Weekly Prize Winners, one (1) grand prize winner (“Grand Prize Winner”) will be selected from among all entries received during the Sweepstakes Period. He/she will win the grand prize (“Grand Prize”) as further described herein.
ENTRY LIMITS: Entrants may earn a maximum of one hundred and twenty-five (125) entries into this Sweepstakes. Non-winning eligible entries will carry forward into subsequent Entry Periods and drawings. For example: An entry received on October 21, 2022 will be eligible for all four (4) weekly drawings, unless (or until) the associated Entrant is selected as a Weekly Prize Winner. An entry received on October 28, 2022, will be eligible for the three (3) remaining drawings, unless (or until) the associated Entrant is selected as a Weekly Prize Winner, etc. All entries are eligible for the Grand Prize drawing. Limit of one (1) Weekly Prize per person and one (1) Grand Prize for this Sweepstakes.
ELIGIBILITY: This Sweepstakes is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least twenty-one (21) years old at the time of entry (each, an “Entrant”). The Entrant who is selected as the potential Grand Prize Winner must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the Grand Prize. Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. Grand Prize Winner must be willing and able to travel to Washington before December 31, 2023 in order to be eligible to receive the Grand Prize. Employees of Sponsor, Administrators, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. Subject to all federal, state, local laws and regulations. Void outside the fifty (50) United States and the District of Columbia and wherever else prohibited or restricted by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor/Administrator’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
HOW TO PARTICIPATE: There are two (2) ways to receive entry into this Sweepstakes via the Website (defined below): (a) the initial entry (“Initial Entry”); and (b) bonus entries (each, a “Bonus Entry”). Regardless of the method(s) used to obtain entry into this Sweepstakes, there is a limit of one hundred and twenty-five (125) entries per person during the entire Sweepstakes Period, equivalent to five (5) Initial Entries and one hundred and twenty (120) Bonus Entries (see “Entry Limits” section above). Please read the “Bonus Entry” section below carefully to see how entries will be distributed.
- Bonus Entries: Once the Initial Entry is received, eligible Entrants may then receive up to one hundred and twenty (120) Bonus Entries via any or all of the following methods. To earn Bonus Entries, visit the Website during the Sweepstakes Period and after following the instructions to access your account;
- Learn (15 Bonus Entries): Click the “Learn” button and take the quiz by clicking through the informational screens and submitting your answers (the answers you submit have no bearing on the determination of the Prize Winners). Upon clicking the “Next” button on the final screen, Entrants will receive fifteen (15) Bonus Entries into the drawing associated with the Entry Period for which the “Next” button was clicked. Such entries will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner.
- Pack Your Bag (15 Bonus Entries): Click “Customize” to choose three (3) items for your bag. Upon moving through the selection screens and clicking “Save Selection” Entrant will receive fifteen (15) Bonus Entries into the drawing associated with the Entry Period for which the “Save Selection” button was clicked. Such entries will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner. Note: Entrants are not required to purchase the products placed in the bag.
- Watch Video (10 Bonus Entries): Click the “Watch” button to watch the short video about Sponsor. Upon watching the video, Entrant will receive ten (10) Bonus Entries into the drawing associated with the Entry Period for which the video was watched. Such entries will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner.
- Follow on Facebook, Instagram, YouTube and/or Twitter (up to 20 Bonus Entries during the Sweepstakes Period): Click the icon of each channel and follow the links and instructions to connect your account and become a follower of; (a) Sponsor on Facebook, (b) Sponsor on Instagram, (c) Sponsor on YouTube, and/or (d) Sponsor on Twitter. Entrants will receive five (5) Bonus Entries for each channel followed. The maximum number of Bonus Entries allowed via this method is twenty (20). Bonus Entries received via this entry method will be eligible for the drawing associated with the Entry Period for which the social media channel was followed. Such entries will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner.
NOTE: Entrant must be a registered Facebook, Twitter, YouTube and/or Instagram user to obtain Bonus Entries via the methods listed above. To become a registered user, visit the channel’s website and follow the instructions prior to entering this Sweepstakes. Entrant’s Facebook, Twitter, YouTube and/or Instagram profile settings must be set to “public” in order to be viewable by the Sponsor for winner determination. If the Entrant’s account is not set to “public”, the Sponsor may not be able to verify the entry and the Entrant may not be eligible to win. Entrants may not use multiple Facebook, Twitter, YouTube and/or Instagram accounts to enter.
- Like/Comment on Instagram, Facebook, YouTube and/or Twitter (up to 20 Bonus Entries): Click the “Engage” button and follow the links and instructions to like or comment on a Sponsor designated “Retreat to Whidbey Giveaway” post (each, a “Giveaway Post”) at a) Sponsor on Instagram, (b) Sponsor on Facebook, (c) Sponsor on YouTube, and/or (d) Sponsor on Twitter. Entrants will receive five (5) Bonus Entries for each Giveaway Post he/she engages with per channel. Bonus Entries will be eligible for the drawing associated with the Entry Period in which the social channel was engaged with. Such Bonus Entries will also be eligible for each drawing held thereafter unless (or until) you have been selected as a Prize Winner. The maximum number of Bonus Entries allowed via this method is twenty (20), regardless of the number of Giveaway Posts liked.
- Find Digital Entries on the Map (25 Bonus Entries maximum): There are two (2) ways to earn Bonus Entries via this method. Regardless of the method(s) used to obtain Bonus Entries via this process, there is a limit of twenty-five (25) Bonus Entries per person during the Sweepstakes Period.
- Via the Map: Sponsor will place digital Entries at various pre-determined locations within the Website’s map. Entrants can earn a Bonus Entry by locating a Digital Entry on the map and virtually retrieving it. To locate a Digital Entry, click the “Find” button. When the map opens enable and share your current location. Then, look on the map for Digital Entries. If you see a Digital Entry, tap (or click) on the Digital Entry to virtually pick it up from its location on the map. In order to virtually pick up the Digital Entry, Entrant must be physically located within approximately fifty (50) yards of the Digital Entry’s location on the map. If an Entrant is not physically located within the fifty (50) yard radius, he/she will receive a message indicating he/she must physically travel closer to the Digital Entry’s location on the map in order to virtually pick it up. ENTRANTS WILL NOT PHYSICALLY PICK UP ACTUAL DIGITAL ENTRY. HOWEVER, IN ORDER TO RECEIVE THE BONUS ENTRY VIA THIS METHOD, ENTRANT MUST BE PHYSICALLY LOCATED WITHIN THE FIFTY (50) YARD RADIUS IN ORDER TO TAP/CLICK THE DIGITAL ENTRY AND VIRTUALLY RETRIEVE IT. If an Entrant taps/clicks a Digital Entry and does not wish to travel to be within fifty (50) yards of its location, he/she may enter via the alternate method below. Entrant may virtually retrieve as many Digital Entries as desired during the Sweepstakes Period (up to five (5) maximum); however, he/she may only retrieve one (1) Digital Entry per location every twenty-four (24) hours. Example: Entrant sees two (2) Digital Entries on the map in Los Angeles; he/she may only retrieve one (1) Digital Entry from the Los Angeles location; however, if he/she sees another Digital Entry on the map in Beverly Hills during the same twenty-four (24) hour period, he/she can retrieve another Digital Entry in the location he/she has not yet visited. Each Digital Entry retrieved will equal five (5) Bonus Entries into the drawing associated with the Entry Period for which the Digital Entry was retrieved. Such entry will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner.
- Share the Sweepstakes (15 Bonus Entries): There are two (2) ways to earn Bonus Entries via this method. Regardless of the method(s) used to obtain Bonus Entries via this process, there is a maximum of fifteen (15) Bonus Entries per person during the Sweepstakes Period.
- Via friend Referral: Click the “Share” button to share the Sweepstakes via email or social channels. When prompted, copy the unique link by pressing the “Copy” button. Then share the unique link with friends via a social media post, direct email or SMS (data rates may apply) (“Invitation Post”). To receive the Bonus Entry via this method, the referred friend must click on the unique link in the Invitation Post and follow the instructions to receive an Initial Entry into this Sweepstakes. Upon the friend’s successful entry into the Sweepstakes, the original Entrant will receive five (5) Bonus Entries into the drawing associated with the Entry Period for which the friend’s successful entry was received. Such entry will also be eligible for each drawing held thereafter unless (or until) you are selected as a Prize Winner.
If more than the stated number of entries is received from the same person, telephone number and/or e-mail address the entries may, at the Sponsor’s sole discretion, be disqualified. Entrants are prohibited from using more than one (1) e-mail address, social media account, or multiple identities. If it is found or suspected that an Entrant is using more than one e-mail address or multiple identities to participate in the Sweepstakes, then that Entrant, in Sponsor’s sole discretion, will be disqualified. Use of any automated system to participate in the Sweepstakes is prohibited and may result in disqualification. The Sweepstakes Entities are not responsible for any points that are lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, points not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Sponsor will not verify receipt of entries for Entrants. In the event of a dispute regarding the identity of the person who participated in this Sweepstakes, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address submitted at the time for which the Initial Entry was received. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THESE SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES.
RANDOM DRAWINGS / NOTIFICATION: There are two (2) ways to win prizes in the Sweepstakes; (a) Weekly Drawings; or (b) the Grand Prize drawing.
- Weekly Drawings: There will be four (4) random weekly drawings held in this Sweepstakes. Each weekly drawing will take place on or about 12:01 AM MT on or about the dates listed in the chart of the “SWEEPSTAKES TIMING/ENTRY PERIODS” section above. For each drawing, Administrator will randomly select one (1) Weekly Prize Winner from all eligible entries received during the respective Entry Period (and any non-winning eligible entries received from the preceding Entry Periods). The odds of winning a Weekly Prize in any Entry Period depend on the total number of eligible entries received during the Entry Period (and any non-winning eligible entries received from preceding Entry Periods). Each Weekly Prize Winner is considered a potential Weekly Prize Winner pending verification of his/her eligibility and compliance with these Official Rules.
- Overall Drawings: On or about 12:01 AM MT on November 18, 2022, Administrator will randomly select one (1) Grand Prize Winner from all eligible entries received during the Sweepstakes Period. The odds of winning the Grand Prize (defined below) depend on the total number of eligible entries received during the Sweepstakes Period. The Grand Prize Winner is considered a potential Grand Prize Winner pending verification of his/her eligibility and compliance with these Official Rules.
Notification / Verification: The potential Prize Winners will be notified by the Sponsor via email within one (1) to three (3) business days from the date in which the random drawings take place (“Email Notification”). Upon receipt of the Email Notification, the potential Prize Winner will be required to click the “Redeem Prize” link found within the Email Notification which will lead him/her to the Website. Upon clicking the “Redeem Prize” button found on the Website, Prize Winner will automatically be redirected to his/her Wallet. If the Prize Winner is not logged in, he/she will see a message that a login link was sent to his/her email. The Prize Winner must return to his/her inbox and click on the login link to log in to his/her Wallet. In the Wallet, the potential Prize Winner will see a digital item that says “You Won.” Potential Prize Winner must tap the “You Won” item. Prize winner must click “Continue” and complete the prize redemption form in its entirety including his/her first name, last name, address, city, state, zip code, telephone number (including area code) and date of birth. FOR THE GRAND PRIZE WINNER ONLY: Upon completing the prize redemption form, potential Grand Prize Winner will be required to complete the prize claims and process listed in the “PRIZE CLAIMS” section below.
Prize Winners must claim prize within seventy-two (72) hours from the date the Email Notification is sent. If the prize winner does not respond to the initial notification, Sponsor will make up to two (2) additional attempts to reach the potential Prize Winners via additional Email Notifications during the seventy-two hour window. If a potential Prize Winner does not claim redeem his/her prize after Sponsor makes such additional attempts, the original potential Prize Winner will be disqualified, and an alternate will be selected. If a potential Prize Winner is disqualified, found to be ineligible or not in compliance with these Official Rules, or declines to accept the Prize an alternate will be selected as outlined above.
Sponsor will attempt to notify the potential Prize winners as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a prize winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. The Sponsor’s decisions with respect to the selection of the Prize Winners shall be based on their sole discretion and interpretation of these Official Rules and are final and binding in all respects.
PRIZE CLAIMS: Except where prohibited, the potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor, (collectively, the “Required Documents”) within three (3) days or less from receipt of Notification from the Independent Administrator by email (the Grand Prize Winner’s Travel Companion (defined below), if any, will be required to sign a Release, which must be returned alongside the Grand Prize Winner’s Release and W-9 Form). If the potential Grand Prize Winner fails to return the Required Documents within the time-period required, or if the email is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “RANDOM DRAWINGS/NOTIFICATION” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. Potential Grand Prize Winner must report income to the IRS. In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Grand Prize, such potential Grand Prize Winner will be disqualified, and an Alternate will be notified as outlined above. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor, in its sole discretion, that the potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “RANDOM DRAWINGS/NOTIFICATION” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.
PRIZES: The total approximate retail value (“ARV”) of all prizes available to be won in this Sweepstakes is $4,560.
- Weekly Prizes: Each Weekly Prize Winner will receive a Weekly Prize as follows:
- Entry Period 1: One (1) Rugged Twill Tote with Zipper, having an ARV of $
- Entry Period 2: One (1) Alaskan Guide Shirt (Flannel), having an ARV of $
- Entry Period 3: One (1) Logger Mesh Cap, having an ARV of $
- Entry Period 4: One (1) Mackinaw Wool Cruiser, having an ARV of $495.
(B) Grand Prize: One (1) Grand Prize will be awarded in this Sweepstakes. The ARV of the Grand Prize is $3,600. The Grand Prize winner will receive a two (2) night trip to Whidbey Island, WA for the Grand Prize Winner and one (1) guest (the “Travel Companion”) (“Trip”). Trip will include; (a) round trip coach class air transportation through an Airline of Sponsor’s sole choosing for Grand Prize Winner and one (1) Travel Companion from a major commercial airport near Grand Prize Winner’s home (as determined by Sponsor in their sole discretion) to Washington, (b) round trip ground transportation from the airport to the cabin in the destination city; (c) two (2) night cabin accommodations at Filson Cabin at Whidbey Island; and (d) two (2), $250 gift certificates redeemable online at Filson.com or in store at any Filson retail location.
Trip Details: Accommodations are based on one room, double occupancy and include room and tax only. Grand Prize Winner and Travel Companion must comply with the terms and conditions set forth by travel coordinators, including, but not limited to the requirement for deposit to cover incidentals which may be required by the cabin. If Grand Prize Winner elects to partake in any or all portions of his/her Grand Prize with no Travel Companion, the Grand Prize will be awarded to Grand Prize Winner based upon the total number of travelers and any remainder of the Grand Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Trip must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Specific travel arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Trip must be taken by December 31, 2023 and travel must be booked a minimum of forty-five (45) days prior to departure or Grand Prize will be forfeited. Reservations are subject to availability. ARV of Grand Prize may vary depending upon the points of departure, destination city, ground transportation, and/or airline fare fluctuations. Any difference between the stated ARV and final ARV of Grand Prize will not be awarded. Grand Prize consists only of the elements expressly set forth herein; no other elements or expenses (including, without limitation, insurance, additional meals and snacks, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, other personal expenses, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of the Grand Prize Winner. Grand Prize Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, baggage fees, inspection charges, and security charges. Grand Prize Winner and Travel Companion are responsible for obtaining all required travel documents, including but not limited to photo identification, passports and any other required travel documents, which shall be determined solely by the Grand Prize Winner. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Sponsor. Grand Prize Winner cannot assign or transfer the Grand Prize to another person. No prize substitution or cash alternative allowed except at the sole discretion of the Sponsor, who reserves the right to substitute the Grand Prize (or any portion thereof) with a prize of comparable or greater value, in their sole discretion. The Sponsor will determine airline and flight itinerary subject to final Sponsor approval. No refund or compensation will be made in the event of the cancellation or delay of any flight. Reservations made are subject to availability and may be restricted during major holiday periods or blackout periods. A personal credit card imprint or cash deposit may be required by the hotel for incidental charges and personal expenses. In the event the personal credit card or cash deposit is required by the hotel, Grand Prize Winner will be solely responsible for supplying such personal credit card and or cash deposit and for all personal expenses / incidental charges not included as part of the Trip.
TRAVEL & COVID-19 (if applicable at time of travel): Grand Prize Winner and Travel Companion each understand and agree that (a) Trip activities may be inherently dangerous due to the nature of the activities provided; (b) Trip gatherings may be inherently dangerous due to the COVID-19/Coronavirus epidemic/pandemic which is a highly contagious and communicable disease; and, to the fullest extent permitted by law, (c) each assumes any and all risks of illness, injury or even death which may arise directly or indirectly, in whole or in part, from acceptance of the Trip. Grand Prize Winner and Travel Companion understand that it is possible that he/she may contract COVID-19/Coronavirus and/or infect others even if they are asymptomatic and/or vaccinated. Grand Prize Winner and Travel Companion further understand and agree that, in response to economic and/or social conditions engendered by COVID-19/Coronavirus (regardless if mandated by a governmental authority), Sponsor may be compelled to modify, postpone or even cancel outright any events, city stops, activities, methods of transport or any other element of the trip on the originally approved dates at the originally approved locations with little (if any) advanced notice. In such case, Sponsor may allow Grand Prize Winner to re-schedule and/or cancel; however, Sponsor reserves the right in its sole discretion to substitute an entirely different prize of comparable value and such substitute prize shall constitute the entire liability of Sponsor. Grand Prize Winner and Travel Companion also understand and agree that Sponsor has not obtained any insurance for them relative to acceptance and use of the Grand Prize. In all cases, Grand Prize Winner and Travel Companion, to the fullest extent permitted by law, indemnify, release and agree to hold harmless Sponsor, Independent Administrator, all other Sweepstakes Entities from any and all liability which may arise directly or indirectly, in whole or in part, from acceptance and use of the Grand Prize, and any activities included herein, during the COVID-19 Coronavirus epidemic/pandemic
If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. No transfer or substitution of any prize is permitted, except at Sponsor’s sole discretion or as otherwise provided herein. Prize winners are each solely responsible for all federal, state and local taxes if applicable. Except as otherwise set forth herein, unclaimed prizes will not be awarded. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prizes are non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the prize or force majeure, at Sponsor’s sole and absolute discretion. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason.
LIMITATION OF LIABILITY: By participating in this Sweepstakes, Entrants agree that the Sweepstakes Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to Entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the prize winners.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MONROE COUNTY, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONROE COUNTY, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
PRIVACY: The collection of personal information provided in connection with this Sweepstakes will be used in accordance with the Sponsor/Administrator’s privacy policies located online at the following website pages: https://smartmediatech.io/privacy/ and https://www.filson.com/customer-service/privacy-security.html
PUBLICITY RIGHTS: By participating in this Sweepstakes, each Entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture, video and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review, or approval and without additional compensation, except where prohibited by law.
GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any Entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
WINNERS LIST: For the list of the prize winner(s) or a copy of these Official Rules, please submit a self-addressed, stamped envelope by December 31, 2022 to “Retreat to Whidby Giveaway”, PO Box 458, Newark, NY, 14513.