Powder Magazine – Powder X K2 Sweepstakes

Official Rules
POWDER MAGAZINE
POWDER X K2 SWEEPSTAKES
November 14 – November 20, 2019
1. Introduction: Weider Publications, LLC (owner and publisher of
POWDER Magazine), (“Sponsor”) is offering the POWDER x K2
Sweepstakes (the “Sweepstakes”) in the 50 United States and the
District of Columbia (the “Territory”) that begins at 12:00 AM PST
November 14, 2019 and ends at 11:59 PM PST on November 20, 2019
(the “Entry Period”). NO PURCHASE OR PAYMENT OF ANY KIND IS
NECESSARY TO ENTER OR WIN THIS Sweepstakes. VOID IN PUERTO RICO AND
WHERE PROHIBITED. This Sweepstakes is governed by these Official
Rules.
2. Eligibility: Participant must be at least 18 years of age or
older at the time of entry and a resident of the Territory. Persons
in the following categories are NOT eligible to participate: any
individual who was or is, as of November 14, 2019, (a) an employee,
officer, director, agent or independent contractor of Sponsor, its
parents, subsidiaries, affiliated companies, or agents; or (b) an
immediate family member (defined as spouse, IRS—dependent, or
biological, foster, in—law, adoptive, or step—mother, father,
sister, brother, daughter, or son) of, or who resides in the same
household as, any person in any of the preceding categories.
3. Agreement to Official Rules. Sweepstakes will be conducted in the
Territory by the Sponsor, and each person who participates in the
Sweepstakes (each a “Participant,” “you,” “your”), and his or her
parent or legal guardian if the Participant is a minor or subject to
a guardianship agreement, unconditionally accepts and agrees to
comply with, abide by, and have all participation subject to these
Official Rules and the decisions of the Sponsor, which shall be
binding with respect to all aspect of the Sweepstakes in the
Territory.
4. How to Enter:
There is one (1) way to enter the Sweepstakes. LIMIT OF ONE (1)
ENTRY PER PARTICIPANT REGARDLESS OF THE METHOD OF ENTRY. Multiple
entries are not permitted.
Participant may enter this Sweepstakes by:
A. Going to https://www.powder.com/sponsored-content/k2-mindbender-
boots-giveaway/ and filling out the short form with the requested
information, which may include name, address and email address. Sponsor may
also ask optional questions, which must be completed to enter;
Entries must be received by the Sponsor no later than 11:59 PM PST on
November 20, 2019.
MOBILE DEVICES: If you participate via a smart phone or other mobile
device, Message and Data Rates may apply. Not all cellular service
providers offer the service necessary to participate in this Sweepstakes
through a mobile device. Please check with your provider for
specific capabilities, charges and pricing plans.
5. Sweepstakes – Prize/Odds/Details. The odds of winning a prize in
the Sweepstakes will depend on the actual number of valid entries
received. A total of One, (1), K2 Mindbender Boots (either 130 or
110) will be available for distribution in the Territory. The total
Approximate Retail Value (“ARV”) of the One (1) k2 Mindbender Boots,
for the Sweepstakes is $599.95 (110) and $699.95 (130).
Potential winners will be selected at random from all eligible entries
received during the Entry Period. By entering the Sweepstakes,
Participants fully and unconditionally agree to be bound by these rules
and the decisions of the Sponsor, which will be final and binding in all
matters relating to the Sweepstakes.
The drawing will be conducted on or about November 26, 2019 by Sponsor,
whose decision is final and binding in all matters relating to the
Sweepstakes. Potential winner will be notified by e-mail on or about
November 26, 2019. The Sponsor will attempt to contact each potential
winner of a prize by email using the contact information provided by the
Participant at the time of entry. If the potential winner cannot be
reached within seven (7) days after the first attempt to contact such
potential winner, or if the selected Participant is otherwise ineligible
or fails to complete the Prize Claim Documents (as defined below),
Sponsor shall have the right, but not the obligation, to award the
applicable Prize to another participant selected from among the remaining
eligible entries. If any attempted notification or prize delivery is
returned as undeliverable, the prize will be forfeited.
6. Prizes: Only One (1) Grand Prize Package will be awarded. The
“Grand Prize Package” will consist of one of the following:
One (1) K2 Mindbender 130 Boots ($699.95 retail value).
Or
One (1) K2 Mindbender 110 Boots ($599.95 retail value).
Terms and conditions of Prize issuer also apply.
All Prizes are subject to availability and other restrictions. Any
expenses/costs associated with a prize, its acceptance, use or
enjoyment that are not listed herein as included with a prize are the
winner’s responsibility and will not be provided. At Sponsor’s
discretion, unclaimed prizes may not be awarded. Sponsor is not
responsible for lost or mutilated prizes and none will be replaced.
Prize is nontransferable and must be accepted as awarded. No cash or
other substitution may be made, except by Sponsor in the event that the
prize cannot be awarded for any reason, in which case, Sponsor will
provide a prize of equal or greater value. All taxes, fees and
surcharges on prizes are the sole responsibility of winners.
7. Prize Claim Documents. The Prize Claim Documents may include, but
are not limited to: a Declaration or Affidavit of Eligibility (as
solely determined by Sponsor), a Federal IRS form W—9 for tax filing
purposes (for the year a prize is received), Release of Liability,
and, where lawful, a Publicity Release, and such other documents as
may be determined by Sponsor. All Prize Claim Documents must be
returned as provided in the directions to the potential winner or
their parent or legal guardian and received by Sponsor prior to
awarding any prize. Prizes that require shipping to the winner will
ship within four (4) weeks from date of verification. If
verification results in forfeiture, you will not receive the prize.
Upon prize forfeiture, no compensation will be given.
Prizes will not be awarded without prior completion and verification of
information by Sponsor of all information provided in Prize Claim
Documents.
In no event will more than the stated number of prizes be awarded. If
for any reason, more prize notices are sent, or more prizes are claimed,
than are intended to be awarded, Sponsor reserves the right to award the
actual number of prizes through a random drawing from among all verified
and validated prize claims received.
ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A
PRIZE
ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.
8. Internet Limitations of Liability: Sponsor is not responsible
for: failures or malfunctions of phones, tablets, computers or other
hardware or devices (each a “Device”); phone lines, cellular systems
or telephone or data transmission systems; interrupted or
unavailable networks, server or other connections; any error,
omission, interruption, defect or delay in any transmission or
communication; traffic congestion on the Internet; or any technical
problem, including but not limited to any injury or damage to any
person’s Device related to or resulting from Sweepstakes
participation.
9. No Liability; Release and Indemnification: By entering,
Participants and winners, along with their parents or legal
guardian(s) if they are not yet the age of majority in their state
of residence, agree to release, discharge, indemnify and hold
harmless the Sponsor and its respective subsidiaries and affiliated
companies, contractors, distributors, sales representatives,
vendors, advertising and promotion agencies, prize providers and any
other entities directly associated with this Sweepstakes, and each
of their respective officers, directors, employees, representatives and
agents (collectively, the “Released Parties”) from and against any claims
made by Participants, their parent or legal guardian if they are not yet
the age of majority in their state of residence, or by any third parties,
related in any way to the operation or administration of this
Sweepstakes, as well as any other claims, damages, charges, fines or
liability due to any injuries, damages or losses to any person (including
death) or property of any kind, or any claims of violation of rights of
publicity or privacy, defamation or portrayal in a false light, resulting
in whole or in part, directly or indirectly, from acceptance, possession,
misuse or use of a prize or participation in this Sweepstakes or in any
Sweepstakes—related activity. The Released Parties shall have no
liability for any problems or errors of any kind whether computer,
network, mechanical, human, electronic, typographical, printing or
otherwise relating to or in connection with the Sweepstakes.
10. Publicity Release: The prize winner consents to the use of
his/her name, likeness, biographical information, and voice for
promotional purposes and in advertising worldwide without approval
rights or additional compensation, except where prohibited by law
(TN residents will not be required to sign an in—perpetuity
publicity release as a condition of winning a prize).
11. Disputes: By participating in this Sweepstakes, each Participant
(and any minor Participant’s parent or legal guardian) agrees: (i)
that any and all disputes the Participant may have with, or claims
Participant may have against, the Released Parties relating to,
arising out of or connected in any way with (a) the Sweepstakes, (b)
the awarding or redemption of any prize, and/or (c) the
determination of the scope or applicability of this agreement to
arbitrate, will be resolved exclusively by final and binding
arbitration administered by JAMS and conducted before a sole
arbitrator in accordance with the rules of JAMS; (ii) this
arbitration agreement is made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal
Arbitration Act (“FAA”), 9 U.S.C. §§ 1—16; (iii) the arbitration
shall be held in Los Angeles, California; (iv) the arbitrator’s
decision shall be controlled by the terms and conditions of these
Official Rules and any of the other agreements referenced herein
that the applicable Participant may have entered into in connection
with the Sweepstakes; (v) the arbitrator shall apply California law
consistent with the FAA and applicable statutes of limitations, and
shall honor claims of privilege recognized at law; (vi) there shall
be no authority for any claims to be arbitrated on a class or
representative basis, arbitration can decide only Participant’s
and/or Sponsor’s individual claims; the arbitrator may not
consolidate or join the claims of other persons or parties who may
be similarly situated; (vii) the arbitrator shall not have the power
to award punitive damages against the Participant or Sponsor; (viii)
in the event that the administrative fees and deposits that must be
paid to initiate arbitration against Sponsor exceed $500 USD, and
Participant is unable (or not required under the rules of JAMS) to pay
any fees and deposits that exceed this amount, Sponsor agrees to pay them
and/or forward them on Participant’s behalf, subject to ultimate
allocation by the arbitrator; (ix) if the Participant is able to
demonstrate that the costs of arbitration will be prohibitive as compared
to the costs of litigation, Sponsor will pay as much of Participant’s
filing and hearing fees in connection with the arbitration as the
arbitrator deems necessary to prevent the arbitration from being cost—
prohibitive; and (x) with the exception of subpart (vi) above, if any
part of this arbitration provision is deemed to be invalid, unenforceable
or illegal, or otherwise conflicts with the rules of JAMS, then the
balance of this arbitration provision shall remain in effect and shall be
construed in accordance with its terms as if the invalid, unenforceable,
illegal or conflicting provision were not contained herein. If, however,
subpart (vi) is found to be invalid, unenforceable or illegal, then the
entirety of this arbitration provision shall be null and void, and
neither Participant nor Sponsor shall be entitled to arbitrate their
dispute. For more information on JAMS and/or the rules of JAMS, visit
their website at www.jamsadr.com. Any demand must be filed within one (1)
year from the end of the Entry Period or the cause of action shall be
forever barred.
12. Miscellaneous: All entries become the sole property of Sponsor and
none will be returned. In the event of a dispute, entries will be deemed
made by the authorized account holder of the e—mail address submitted at
the time of entry. The “authorized account holder” is deemed the natural
person who is assigned to an e—mail address by an Internet access
provider, service provider or other online organization that is
responsible for assigning e—mail addresses for the domain associated with
the submitted e—mail address. A potential winner may be requested to
provide Sponsor with proof that the potential winner is the authorized
account holder of the e—mail address associated with the winning entry.
If for any reason the Sweepstakes is not capable of running as planned,
including due to infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failure, human error or any
other causes beyond the control of Sponsor that corrupt or affect the
administration, security, fairness, integrity, or proper conduct of the
Sweepstakes, Sponsor reserves the right in its sole discretion, to
disqualify any individual who tampers with the entry process, and to
cancel, terminate, modify or suspend the Sweepstakes. 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 is not responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems, servers, or
providers, computer equipment, software, failure of any email or entry to
be received by Sponsor on account of technical problems or traffic
congestion on the Internet or at any web site, any combination thereof,
or otherwise, including any injury or damage to
Participant’s or any other person’s computer related to or resulting
from participation or downloading any materials in the Sweepstakes.
Sponsor is not responsible for late, lost, illegible, incomplete, stolen,
or misdirected entries. ANY ATTEMPT BY A PARTICIPANT 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY
SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Use of Information: The collection and use of Participant’s
information will be governed by Sponsor’s online privacy policy,
available for viewing at https://www.americanmediainc.com/privacy—
policy.
14. Sponsor(s): The Sponsor of this Sweepstakes is Weider
Publications, LLC (owner and publisher of POwDER Magazine), 2052 Corte
Del Nogal, Carlsbad CA, 92011.
POWDER Magazine and the POWDER logo are trademarks of Weider
Publications, LLC. All other trademarks, service marks, logos,
products, or service names are the property of their respective owners.
This Sweepstakes is in no way sponsored, endorsed or administered by,
or associated with any other third—party not specifically designated by
Sponsor. Information is being p d
solely to Sponsor in accordance with these Official Rules.