West Marine – Go Fishing With Simrad Sweepstakes

`West Marine Products Inc.
“GO FISHING WITH SIMRAD” Sweepstakes
Official Rules
NO PURCHASE NECESSARY. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES,
DISTRICT OF COLUMBIA, AND PUERTO RICO 18 YEARS OF AGE OR OVER. VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
1. Sweepstakes Period: The “GO FISHING WITH SIMRAD” Sweepstakes (the “Sweepstakes”) begins
at 12:01p.m. Eastern Standard Time (“EST”) on April 1, 2020 and ends at 11:59 p.m. EST on April 30,
2020 (the “Sweepstakes Period”).
2. Eligibility: The Sweepstakes is open to legal residents of the 50 United States, the District of
Columbia and Puerto Rico 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 “Administrator” or “West Marine”), Navico, Inc. (the “Sponsor”), 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. 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: During the Sweepstakes Period access
www.westmarine.com/sweepstakes and follow the Entry instructions. You will be asked to provide your
first name, last name, complete mailing address, city, state, zip code, day and evening telephone
number (with area code), date of birth and e-mail address. Complete all information requested in the
information fields. When your Entry is complete, click on the area marked “Enter Sweepstakes” (“Online
Entry”).Once submitted, an Online Entry cannot be deleted, canceled or modified. Online Entries must
originate through www.westmarine.com/sweepstakes 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.
B. 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 “GO FISHING WITH
SIMRAD” Sweepstakes, 500 Westridge Drive, Watsonville, CA 95076 (“Mail Entry”). Mail Entries must
be postmarked by April 30, 2020 and received by August 7, 2020. 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.
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 May 10, 2020. 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.
5. Prizes and Approximate Retail Value (“ARV”):
There will be one (1) Grand Prize winner (the “Winner”). Following the conclusion of the Promotion, one
(1) winner will win the following (“Grand Prize”):
A one-day charter for two people with a Simrad Team Member at a location determined by the
Sponsor
Two nights accommodations for two people
Meals during the charter
$100 Gift Card for incremental expenses
Available charter date is a mutually agreed upon date within 12 months from the conclusion of
the sweepstakes April 30, 2020. Travel must be completed by May 1, 2021 or the prize is
forfeited.
The Grand Prize package has an ARV of $2,500. Travel and accommodations are subject to capacity
controls, availability, limitations, and other restrictions, all of which are subject to change at Sponsor’s
sole discretion. Available charter date is to be determined or a mutually agreed upon date within 12
months from the conclusion of the sweepstakes May 1, 2020. Travel must be completed by May 1,
2021 or the prize is forfeited. The Winner will be solely responsible for all other expenses not
specifically set forth herein including but not limited to taxes, meals, transfers, telephone charges,
gratuities, souvenirs and any other incidentals. Winner must execute liability/publicity releases prior to
issuance of travel documents. The Grand Prize is non-transferable and has no cash value.
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. The Winner will be required
to sign and return an Affidavit of Eligibility and Liability / Publicity Release (unless prohibited) within 14
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 attorneys 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 on-line
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/CustomerServiceView?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/CustomerServiceView?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.
13. CHOICE OF LAW/FORUM AND RECOURSE TO JUDICIAL 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.
14. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no 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 December 31, 2020 to: “GO FISHING WITH SIMRAD”
Sweepstakes Winners List Request, 500 Westridge Drive, Watsonville, CA 95076.
17. Official Rules by Mail: For your own copy of the Official Rules, send a self-addressed stamped
envelope to “GO FISHING WITH SIMRAD” Sweepstakes Official Rules Request, 500 Westridge Drive,
Watsonville, CA 95076, for receipt by April 30, 2020.
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, 500 Westridge Drive, Watsonville, CA 95076. Sponsor: West
Marine Products, Inc., 500 Westridge Drive, Watsonville, CA 95076 and Navico, Inc.,