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prAna CONSUMER SURVEY SWEEPSTAKES
NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.
2. SPONSOR: The Sweepstakes is sponsored by prAna Living, LLC, 3209 Lionshead Ave., Carlsbad, CA, 92010, U.S.A. (“Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in this Sweepstakes constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
4. ENTRY PERIOD: The Sweepstakes begins at 12:00 a.m. Pacific Standard Time (“PST”) on July 1, 2016 and ends at 11:59 p.m. Pacific Daylight Savings Time (“PDT”) on December 31, 2016 (the “Sweepstakes Period”). “PST” and “PDT” as observed by Sponsor are collectively “PT.” Entries submitted before or after the Sweepstakes Period will not be eligible. There are six (6) entry periods during the Sweepstakes Period, each beginning at 12:00 a.m. PT on the first day of the calendar month and ending at 11:59 p.m. PT on the last day of the calendar month (each a “Monthly Entry Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
5. ENTRY: You may enter one of two ways: (a) by completing an online survey or (b) by mail. There is a limit of one (1) entry per person during the Sweepstakes Period. (a) SURVEY METHOD OF ENTRY: During the Sweepstakes Period, Sponsor will invite a select number of customers to participate in a consumer survey. If you receive a survey invitation from Sponsor, you are eligible to enter the Sweepstakes by following Sponsor’s instructions to complete the survey and submit your entry. Survey entries are by invitation only and must be submitted during the Sweepstakes Period. Survey responses should be truthful and will not affect your odds of winning. The email address you use in the survey should match the email address on your survey invitation or your entry may be disqualified by Sponsor. (b) FREE ALTERNATE METHOD OF ENTRY (“AMOE”): If you do not make a purchase, do not receive a survey invitation, or do not wish to participate in the survey, you may still enter the Sweepstakes through the AMOE: legibly hand print on a plain 3” x 5” card or paper your complete name, mailing address, email address, and the statement “2016 prAna Consumer Survey Sweepstakes,” and mail postage-prepaid to: prAna, Attn: prAna Consumer Survey Sweepstakes, 3209 Lionshead Ave., Carlsbad, CA, 92010. Mailed entries must be postmarked by December 31, 2016 and received by Sponsor by Jan 7, 2017. Limit one entry per envelope. Incomplete, illegible, or postage-due entries will be disqualified. Mailed entries will be considered submitted on the postmarked date. If you enter or attempt entry more than once during the Sweepstakes Period or by any means except as permitted in these Official Rules, all of your entries will be voided and you will be ineligible to participate in the Sweepstakes. Proof of submission will not be deemed to be proof of receipt by Sponsor. A valid email address is required to enter and the same email address may not be used by multiple entrants. Entries generated by script, macro, or other automated means are void.
6. MONTHLY DRAWING; ODDS; NOTIFICATION OF POTENTIAL WINNERS: Within four weeks following the conclusion of each Monthly Entry Period, Sponsor will select one (1) potential winner in a random drawing from among all eligible entries submitted online or by mail during that Monthly Entry Period. Entries submitted during any given Monthly Entry Period are limited to the drawing for that Monthly Entry Period and will not be entered in any subsequent Monthly Entry Period. The odds of being selected depend on the number of eligible entries received. Sponsor will attempt to notify the potential winner by email within seven (7) days. If a potential winner cannot be reasonably contacted, verified, or confirmed after two (2) attempts (and further attempts at Sponsor’s sole discretion), a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner may be randomly selected by Sponsor from all remaining eligible entries. Only one (1) alternate potential winner may be contacted.
7. REQUIREMENTS OF THE POTENTIAL WINNERS: Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to this Sweepstakes. You are not a winner of any prize unless and until your eligibility has been verified and you have been notified that verification is complete. Except where prohibited, potential winners may be required to timely complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), a comprehensive liability waiver and publicity release, and/or other documents requested by Sponsor. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining eligible entries. Acceptance of any prize will constitute and signify winner’s agreement and consent that Sponsor and its designees may use winner’s name, city, state, likeness, opinion, and voice for promotional, advertising, or other purposes, worldwide, in any and all media now known or hereafter devised, including the internet, without limitation and without further payment, notification, permission or other consideration, except where and to the extent prohibited by law.
8. PRIZES: Five (5) total prizes, one (1) for each Monthly Entry period, will be awarded. Prize is one (1) $50 virtual prAna gift card valid at www.prAna.com. The total approximate retail value of all prizes to be awarded is $250. Prize is nontransferable, non-refundable, and cannot be redeemed for cash or credit, in whole or in part. Prize is awarded “as is” with no warranty or guarantee, express or implied. Gift card is subject to Sponsor’s standard gift card terms and conditions and may not be applied towards the purchase of gift certificates, gift cards, or prior purchases or combined with any other offer or discount. Sponsor will not replace any lost, mutilated, or stolen gift cards. Gift card will be sent electronically to the email address provided by winner. No substitution may be made except Sponsor reserves the right to substitute a prize or prize component for one of equal or greater value if the designated prize should be unavailable for any reason. Winner is responsible for payment of all applicable taxes and any and all other costs, fees, and expenses not listed above. Any prize details not specified above will be determined by Sponsor in its sole discretion. Prizes will be reported as income to the extent required by law. If the winner declines or fails to accept a portion of the prize, that portion is forfeited. Actual prize value may vary based on price fluctuations and other factors. Winner will not receive difference between actual and approximate retail value of prize.
9. GENERAL CONDITIONS: Sponsors reserve the right to cancel, suspend, or modify the Sweepstakes if any fraud or other problem corrupts the administration, security, or proper play of the Sweepstakes, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to select a winner in a random drawing of the eligible entries received up to the time of the impairment or Sponsor’s identification of the impairment. Sponsors reserve 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 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, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. All activity arising out of and relating to the Sweepstakes is subject to verification and auditing for compliance with the Official Rules, and you agree to cooperate with Sponsors concerning verification and auditing. All references to an entrant’s status as a “winner” are subject to Sponsors verification and auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsors in its sole discretion, Sponsors reserve the right to disqualify the entrant and remove the entry from the Sweepstakes at any time.
11. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: By participating in the Sweepstakes, you agree to release and hold harmless the Released Parties (defined below) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including but not limited to, (a) any inaccurate information, whether caused by entrants or printing 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 network, hardware, or software; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) lost, delayed, stolen, damaged, incomplete, invalid, unintelligible, garbled, misdirected, mutilated, or undeliverable entries, all of which will be void; or (f) 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 part, as a result of your participation in the Sweepstakes or receipt of any prize. If there is a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the email address. You may be required to show proof of being an authorized account holder. Sponsors and their subsidiaries, affiliates, distributors, and retailers, and all of their respective advertising and promotional agencies, representatives, shareholders, employees, contractors, officers, directors, and agents, as well as all social media sites (collectively, the “Released Parties”) expressly disclaim any and all warranties of any kind (whether express, implied, statutory or otherwise), including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Under no circumstances will the Released Parties be held responsible or liable for your use of the information and/or products provided and/or made available through the Sweepstakes or for errors or anomalies resulting in the unintended or erroneous participation, award of prize, or other benefits under these official rules. Released Parties offer no assurances, guarantees, or warranties that the Sweepstakes will be uninterrupted or error-free and do not guarantee the accuracy or reliability of any information obtained through the Sweepstakes. Released Parties will not be liable or responsible for damages of any kind related to your participation in or inability to participate in the Sweepstakes, whether the damages are direct, indirect, incidental, special, or consequential. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you in whole or in part.
12. DISPUTES: Except where prohibited, you agree that (a) any and all disputes, claims and causes of action arising out of, or connected with the Sweepstakes or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Multnomah County, Oregon; (b) any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of any other entrant or Sponsor in connection with the any portion of the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Oregon. By participating in the Sweepstakes, you agree that Oregon will be the exclusive forum for any formal dispute resolution.
13. WINNERS LIST: You may obtain the Sweepstakes results by sending a self-addressed, stamped envelope to Sponsor with a printed request for “Winners List.” Records may not be available beyond two (2) years.