Sierra Magazine 2014 Official Paddling Sweepstakes Rules
How to enter: No purchase or Internet access necessary. A purchase will not increase your chances of winning. LIMIT ONE ENTRY PER PERSON. Multiple entries will disqualify all entries from the same person. The Sierra Magazine Paddling Sweepstakes ("sweepstakes") begins at 12:01 am Pacific Standard Time (PST) on April 16, 2014, and ends at 11:59 pm PST on June 29, 2014 ("entry period"). There are two ways to enter: online or by mail. No other method of entry will be accepted. To enter online, go to http://www.sierraclub.org/paddlesweeps. Follow the directions to complete the entry form, and click Submit. Entrants must complete all data requested on the form. The Sierra Club must receive online entries by 11:59 pm on June 29, 2014. Incomplete entries are void.
You may also enter the sweepstakes by printing your name, address, city, state, zip code, telephone number, e-mail address (optional), and the words "Sierra Magazine Paddling Sweepstakes" on a 3.5x5” index card or piece of paper and mailing it to: SIERRA 2014 Paddling Sweepstakes Entry, 85 Second St., 2nd Floor, San Francisco, CA 94105-3459. Mail-in entries must be received by June 29, 2014. All entries become the property of the Sierra Club and will not be acknowledged or returned. Illegible, photocopied, or other mechanically reproduced entries are void.
The Sierra Club assumes no responsibility for lost, late, misdirected, stolen, illegible, mutilated, altered, damaged, incomplete, or postage-due entries or for any computer, online, telephone, cable, network, electronic, or Internet hardware or software malfunctions, failures, connections, availability, traffic congestion, or garbled or jumbled transmissions or service provider, Web site, or other accessibility or availability issues, unauthorized human intervention, or any other error, omission, or technical malfunction that may occur. Entrants shall be the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an 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 name associated with the submitted e-mail address.
Eligibility: The sweepstakes is only open to legal residents of the United States (excluding Puerto Rico, Rhode Island, and Tennessee) who are 18 years of age or older on the date the sweepstakes begins. Employees of the Sierra Club and its subsidiaries, affiliates, prize suppliers, and advertising and promotional agencies, their immediate families (spouses, parents, children, and siblings and their spouses), and individuals living in the same household as such employees are ineligible. The sweepstakes is governed by the laws of the United States and is subject to all applicable federal, state, and local laws and regulations. Void in Puerto Rico, Rhode Island, Tennessee, and wherever prohibited by law with no exceptions.
Judging: The winners will be selected by a random drawing by July 25, 2014, from eligible entries received. The prize drawing will be conducted at the Sierra Club's office at 85 Second St., San Francisco, CA 94105-3459. By participating, entrants agree to be bound by the Official Sweepstakes Rules and the decisions of the judges, which shall be final and binding in all respects. The odds of winning depend on the total number of eligible entries received. Limit one prize per person, family, or household from any Sierra Club-sponsored sweepstakes. The winner will be notified via e-mail, U.S. mail, and/or by overnight courier.
Prizes: Prizes and approximate retail value (ARV): One (1) grand prize: SylvanSport GO Easy Trailer ($2,500.00 value). One (1) first prize: Sea Eagle 12.5’ Inflatable SUP ($1,345.00 value). One (1) second prize: Advanced Elements AdvancedFrame Sport Kayak ($440.00 value). One (1) third prize: MTI Java Human Vest & Underdog Vest ($140.00 value). One (1) fourth prize: Nikwax Waterproofing products ($100.00 value). One (1) fifth prize: Innova Swing PVC-Free Backpack/Drybag ($99.00 value).
Prizes cannot be exchanged for cash and cannot be used in conjunction with any other promotion. The Sierra Club reserves the right to substitute a prize of equal or greater value in the event the offered prize is unavailable. No substitution or transfer of prize permitted except as provided for at the sole discretion of the Sierra Club.
General conditions: All federal, state, and local taxes, fees, and surcharges on prize packages are the sole responsibility of the prizewinner. The prize winner will be required to execute and return, as directed, an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form within ten (10) days following notification that the winner has won the prize. Return of a prize notification as undeliverable, failure to sign and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form, or any other failure to comply with any official rules will result in disqualification and the selection of an alternate winner.
The winner grants the Sierra Club the right to use and publish his or her legal name and state of residence online and in print, or any other media, in connection with the sweepstakes. Acceptance of a prize constitutes permission for the Sierra Club and its affiliates and their advertising and promotional agencies to use the prizewinners' names and likenesses for editorial, advertising, and promotional purposes without payment of additional compensation unless prohibited by law. By entering, participants release and hold harmless the Sierra Club and its respective parents, subsidiaries, affiliates, directors, officers, employees, attorneys, agents, and representatives from any and all liability for any injuries, loss, claim, action, demand, or damage of any kind arising from or in connection with the sweepstakes, any prize won, any misuse or malfunction of any prize awarded, participation in any sweepstakes-related activity, or participation in the sweepstakes.
By entering this contest, the contestant agrees to the following Statement:
I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with debtor." The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.
As a condition of participating in the sweepstakes, the participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in San Francisco, CA, which court shall apply the laws of the state of California without regard for rules of conflicts of law. In any such dispute, the participant shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages or any other damages, including attorneys' fees, other than the participant's actual out-of-pocket expenses (if any) associated with participating in the sweepstakes, and the participant hereby waives all rights to have damages multiplied or increased.
Caution: Any attempt by an entrant or any other individual to deliberately undermine the legitimate operation of the sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, the Sierra Club reserves the right to seek damages from any such entrant to the fullest extent permitted by law.
Limitations of liability: The Sierra Club is not responsible for any incorrect or inaccurate information caused by any technical or human error that may occur in the processing of submissions in the sweepstakes, including but not limited to any misprints or typographical errors or computer failure. The Sierra Club assumes no responsibility for any error, omission, deletion, defect, theft, destruction, or unauthorized access to, or alteration of, entries. If, for any reason, the sweepstakes is not capable of completion as planned--including by reasons of tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Sierra Club that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the sweepstakes--the Sierra Club reserves the right at its sole discretion to cancel, terminate, modify, or suspend the sweepstakes.
Names of the winners: For the winners' names, send a self-addressed, stamped envelope after July 25, 2014, to: Sierra Magazine 2014 Paddling Sweepstakes Winner, 85 Second St., 2nd Floor, San Francisco, CA 94105-3459.