Garmin Halloween Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MUST BE 18 YEARS OF AGE OR OLDER TO ENTER. VOID WHERE PROHIBITED BY LAW.
- ELIGIBILITY: The Sweepstakes is open only to any individual who is a legal resident of the 50 United States (excluding Puerto Rico residents) or the District of Columbia or of Canada (other than Quebec) and is 18 years of age or older at the time of entry. Employees and their immediate families of Garmin International, Inc. (“Garmin”) and any of Garmin’s affiliated companies are not eligible The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
- AGREEMENT TO OFFICIAL RULES: Entry in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Garmin, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.SPONSOR: Garmin, located at 1200 East 151st Street, Olathe, Kansas 66062, is the sole sponsor of the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram.
- SWEEPSTAKES TERM: The Sweepstakes begins at 12:00pm Central Time (“CT”) on Tuesday, October 31st, 2017 and will continue until 11:59 P.M. on November 3rd, 2017 or such longer or shorter term as Garmin shall determine in its sole discretion (the “Sweepstakes Term”). Entries received prior to or after the Sweepstakes Term will be disqualified. Garmin is the official timekeeper for the Sweepstakes Term, and all timekeeping decisions of Garmin shall be final.
- ENTRY: NO PURCHASE NECESSARY TO ENTER: There are two methods of entry for the Sweepstakes, neither of which requires a purchase (nor will a purchase or payment of any kind increase chances of winning).
- The first method of entry is the “Sharing” photo images method using #GarminHalloween on either Twitter or Instagram. There are no limits on the number of times an entrant may enter the Sweepstakes by sharing a photo image, so long as each shared photo image is unique. Uniqueness shall be determined in Garmin’s sole discretion.
- Eligible persons may also enter the Sweepstakes by emailing [email protected] with the subject line stating “Garmin Halloween Photo Sweepstakes”. Entrants using this alternate method of entry must provide their age, physical mailing address, and phone number in their email entry. There are no limits on the number of times entrants using this alternate method of entry may enter the Sweepstakes.
- Each entrant using the photo submission method of entry acknowledges and agrees that entrant’s image submitted in the Sweepstakes, including, but not limited to, all works of authorship, comments and derivative works, whether or not subject to copyright protection, made, conceived, expressed, written or authored by entrant, solely or jointly with others, in connection with any submission shall, upon such submission, become the exclusive property of Garmin together with all copyrights and other intellectual property rights therein and thereto, as well as all of the result and proceeds of the submission hereunder throughout the world in perpetuity, free of any and all claims by entrant or entrant’s agents, assignees and successors-in-interest. Entrant hereby irrevocably transfers, conveys and assigns to Garmin all right, title and interest, including the copyright and any other rights, in and to the submitted image. Entrant hereby waives and releases any and all claims that entrant may now have or may hereafter acquire with respect to the submitted image and to the derivative works and proceeds thereof. Garmin shall have the unlimited right to exploit the submitted screenshot for any purpose or use in any and all media throughout the world in perpetuity. Garmin shall have no obligation to exploit any submitted image.
- Each entrant using the photo submission method of entry and the photo image sharing method of entry represents and warrants that: (i) entrant owns all rights, licenses, consents and releases necessary to enter such photo in the Sweepstakes, free and clear of any claims, restrictions or other agreements that conflict with or adversely affect entrance in the Sweepstakes; and (ii) neither the photo nor entrant’s submission of it to Garmin, or Garmin’s use of it, will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, confidential information, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy of any third party, or result in the violation of any applicable law or regulation.
- Entries will not be acknowledged. Garmin and its affiliates assume no responsibility for any lost entries or any computer, Internet or technical malfunctions that might occur during the entry process. Normal Internet access and usage charges imposed by your online service will apply.
- Each eligible participant may enter under one email address only. Anyone found to use multiple email addresses to enter will be disqualified from all participation in the Sweepstakes. Entries by any method other than set forth in this Section 5 are void. Garmin is not responsible for entries that it does not receive for any reason, or for entries that it receives but are ineligible under these Official Rules. Garmin will automatically disqualify any incomplete or illegible entry.
- In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to set up the Twitter or Instagram account from which the entry was received, , or in the case of the alternate means of entry, the email address from which entry was received, will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder of the email address associated with the entry.
- ENTRY LIMITATIONS: Eligible participants are limited to entry in the Sweepstakes as specified in Section 5. Each eligible participant may only enter under one email address. Entries using automated means to generate entries, or otherwise participate are not eligible. Use of any automated system to enter any drawing as determined by Garmin in its sole judgment is prohibited and will result in disqualification from all drawings at Garmin’s sole discretion. Additionally, anyone found to use multiple email addresses, multiple Twitter handles or multiple Instagram accounts to enter will be disqualified from all participation in the Sweepstakes. ALL ELIGIBLE ENTRIES FOR THE SWEEPSTAKES WILL BE ENTERED INTO THE SWEEPSTAKES. Entries by any method other than set forth in Section 5 are void. Garmin is not responsible for entries that it does not receive for any reason, or for entries that it receives but are ineligible under these Official Rules. Garmin will automatically disqualify: (1) any incomplete or illegible entry; and (2) any entries received that are in excess of the entry limit described above
- WINNERS; PRIZES:
- One winner will be randomly selected from all valid entries at 10:00 A.M. on November 6, 2017. . The odds of winning the Sweepstakes depend on the number of eligible entries received for the Sweepstakes. The random drawing will be conducted by one or more employees of Garmin or an independent fulfillment entity.
- The winner will receive a Halloween prize pack including training socks, hats and workout gear, a Garmin vivosport and a vivofit Jr., with an approximate retail value (“ARV”) of $335.00. 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.
- RULES APPLICABLE TO PRIZE. The prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Garmin, who reserves the right to substitute for the Prize another item of equal or greater value if the original Prize is not available for any reason as determined by Garmin in its sole discretion. The winners is responsible for any taxes associated with the receipt of the prize.
- NOTIFICATION OF POTENTIAL WINNER: Garmin will attempt to notify the potential Winner by email or by direct message on the winner’s Twitter or Instagram account within 24 hours after the determination of such winner. If the winner cannot be located or does not respond within 48 hours of the sending of notification by Garmin, that winner will be disqualified and an alternate potential winner will be drawn from the pool of remaining valid entries. Alternate potential winners will be notified by email. Garmin and its affiliates, or their respective officers, directors, employees, representatives and agents, will not be liable for unsuccessful efforts to notify a potential winner.
- REQUIREMENTS OF THE POTENTIAL WINNER Except where prohibited by law, the winner may be required to sign an affidavit of eligibility (the “Affidavit”), which includes a liability release and a release authorizing the use of the winner’s name and likeness for purposes consistent with these Official Rules. If the winner is ineligible to receive the prize; does not qualify for the prize; fails for any reason to respond within 48 hours of being notified of being the winner; and/or fails or declines to execute and return original, fully and properly executed Affidavit to Garmin postmarked within the required time period, that winner will be disqualified and an alternate potential winner will be drawn from the pool of remaining valid entries.
- GENERAL CONDITIONS: Garmin reserves the right to cancel, suspend, and/or modify the Sweepstakes if any fraud, virus or other technical problem corrupts the administration, security or proper play of the Sweepstakes, as determined by Garmin in its sole discretion. The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification, entry or like sites or services that offer sweepstakes entry services “on behalf of” entrant) is strictly prohibited. In such event, Garmin reserves the right to award a Prize at random from among the valid entries received up to the time of the impairment. Garmin reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any false information provided by any entrant concerning his/her identify or mailing address or any non-compliance by an entrant with these Official Rules may result in the immediate disqualification of the entrant from this Sweepstakes. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, GARMIN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Garmin’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- PUBLICITY: Notwithstanding any other term herein, except where prohibited by law, submission of any entry constitutes the entrant’s consent to use of his/her name, likeness, voice, state of residence, biographical and prize information, statements about the promotion and/or the entrant’s photo or anything submitted to enter into the Sweepstakes for advertising and promotional purposes in any media now known or hereafter devised without review, notification, approval or compensation.
- LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS GARMIN AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AND TWITTER AND INSTAGRAM (THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF THE MONTHLY PRIZE, INCLUDING BUT NOT LIMITED TO: (A) ANY INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS OR PRINTER ERRORS; (B) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE SWEEPSTAKES; (C) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ELECTRONIC MALFUNCTIONING OF ANY WEBSITE, NETWORK, HARDWARE OR SOFTWARE; (D) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; OR (E) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY INCLUDING, BUT NOT LIMITED TO, DEATH, WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PARTY, FROM THE ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR THE RECEIPT OF THE MONTHLY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THESE RULES AND IN THIS PROMOTION, INCLUDING THE MONTHLY PRIZE, IS 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. Some jurisdictions may not allow the limitations or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to all entrants. Each entrant should check his/her local laws for any restrictions or limitations regarding these limitations or exclusions.
- DISPUTES: Except where prohibited by law, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Kansas; and (b) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages, including attorney’s fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Garmin in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kansas.
- RULES: A copy of these Official Rules will be posted at www.garmin.com/en-us/blog/general/Halloween-sweepstakes-rules. Interested persons can obtain a list of the Sweepstakes winner(s) and a copy of these Official Rules by sending a self-addressed, stamped envelope to Garmin International, Inc., Attn: Fitness Department, 1200 East 151st Street, Olathe, Kansas 66062