West Marine – Win Your Dream Package Sweepstakes

West Marine Products Inc.
“Win Your Dream Package” Sweepstakes
Official Rules
NO PURCHASE NECESSARY. OPEN ONLY TO LEGAL RESIDENTS OF THE 50
UNITED STATES AND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OVER. VOID
WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Sweepstakes Period: The “Win Your Dream Package” Sweepstakes (the
“Sweepstakes”) begins at 12:01a.m. Pacific Standard Time (“PST”) on November 11, 2019
and ends at 11:59 p.m. PST on November 24, 2019 (the “Sweepstakes Period”).
2. Eligibility: The Sweepstakes is open to legal residents of the 50 United States and
District of Columbia, 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”), (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: Maximum of two (2) Entries per person, per e-mail address and per mailing
address accepted for this Sweepstakes per day. A maximum of 14 Entries are possible
during Sweepstakes period. 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/dream and 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), and e-mail address. Complete all information requested
in the information fields. When your Entry is complete, click on the button marked “Submit”
(“Online Entry”). Once submitted, an Online Entry cannot be deleted, canceled or modified.
Online Entries must originate through www.westmarine.com/dream to be eligible. Enter
using only an e-mail address subscribed and registered in your name. A second Entry per
day is possible if you share on Facebook, Twitter or Email to a friend. You may repeat the
same process each calendar day during Sweepstakes period. 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 2
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.
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 November 25, 2019. 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”): One (1) Dream Package with ARV up
to $4,000 USD. Following the conclusion of the Promotion, one (1) winner will receive all the
products that make either the Fishing, Sailing, or Paddle Dream Package valued at ARV up
to $4,000. Dream Package products size, and color are subject to availability and West
Marine reserves the right to substitute products. Except where prohibited by law, Gift Cards
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
Dream Package Products or Gift Cards. The value of any Prize Package, Product, or 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 up to $4,000 USD.
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 3
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 4
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, 5
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 which are incorporated into these Official Rules by reference
herein. Each Entrant shall read West Marine’s 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 6
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 November 25, 2019 to: “Win
Your Dream Package” 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 “Win Your Dream Package” Sweepstakes Official Rules Request, 500
Westridge Drive, Watsonville, CA 95076 by November 25, 2019.
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.