BOB Hourly Prize Giveaway Rules

BRITAX Child Safety, Inc. Hourly Prize Giveaway Rules

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF RAFFLE TICKETS COLLECTED.  VOID WHERE PROHIBITED BY LAW.  AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.

BY ENTERING THE HOURLY PRIZE GIVE AWAYS, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

The BRITAX Hourly Prize Giveaway (“Giveaway”) starts at 10:00am EST and ends at 7:00pm EST.  The Sponsors of this Giveaway are Britax Child Safety, Inc., 13501 South Ridge Drive Charlotte, NC 28273 and REI (Recreational Equipment, Inc.), 6750 South 228th Street, Kent, WA 98032 (“Sponsors”).  The Giveaway shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein and the decisions of the Sponsors, including the interpretation of these Official Rules and its exercise and discretion, which will be final and binding in all respects.

ELIGIBILITY:  THE GIVEAWAY IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA WHO ARE PHYSICALLY LOCATED IN ONE (1) OF THE FIFTY (50) STATES, OR THE DISTRICT OF COLUMBIA, AND RESIDENTS OF CANADA (except residents of Quebec), WHO AS OF THE DATE OF THEIR ENTRY INTO THE GIVEAWAY ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.  Employees and their immediate families (spouse, child, siblings, parents, grandparents) of Sponsors, and each of its affiliates, subsidiaries, parent companies, promotional partners and agencies (collectively, the “Promotion Parties”) directors, officers, and those living in the household of same are not eligible to enter or win.  All Canadian and U.S. Federal, state and local rules and regulations apply. Void outside the Eligibility Area and where prohibited or restricted by law.  By entering this Giveaway, entrants agree to abide by all terms of these Official Rules.  

HOW TO ENTER:   Schedule of hourly drawings will be promoted on a dry erase board in the participating REI SoHo (NYC) store.   Verbal announcements of prize drawings will also be periodically made at the participating REI store.

Raffle tickets will only be distributed to customers who participate in an educational demonstration of the new MOTION stroller and only customers who participate will be eligible to receive raffle tickets.

ONLY ONE (1) RAFFLE TICKET PER CUSTOMER WILL BE ACCEPTED FOR THIS GIVEAWAY.

ENTRY INFORMATION: As a condition of entering the Giveaway, each winner gives consent for Sponsors to obtain his/her name, address and other information for the purpose of administering this Giveaway and complying with applicable laws, regulations and rules.  Any information entrants provide to Sponsors may be used to communicate with entrant in relation to this Giveaway or on a Giveaway winner’s list.  Any entry information collected from the Giveaway shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules.

WINNER SELECTION:
All scheduled giveaways will be posted the day of the event.  Winners will be selected, in-person from the random raffle ticket drawing each hour.  Winners MUST be present when their number is called.  If not, the winner forfeits the prize and another winner will be drawn from the raffle tickets.  Winners will receive one-time-use certificates to redeem for their prizes, which will be drop-shipped from Britax headquarters.  Winners should expect to receive their prizes within 2-3 weeks of certificate redemption.
Prize is not transferable, assignable, or redeemable for cash. No substitution for the Prize by the Winner will be allowed.  If necessary, due to unavailability of the Prize for any reason, a prize of comparable value will be awarded at the sole discretion of the Sponsors.

All Federal, state and local tax liabilities, if any, are the responsibility of the Winner.  Acceptance of the Prize constitutes permission (except where prohibited) for Sponsors and/or its affiliates to use of Winner’s name, statements, photographs, video images and biographies for publicity purposes without any limitation or additional compensation.

PRIZES:  to be announced on January 15th, 2013, after 10am. Retail value of $370.

ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The odds of winning a Prize depend on and will be determined by the total number of raffle tickets received.

GOVERNING LAW/LIMITATIONS ON LIABILITY: The Giveaway shall be governed by and construed in accordance with the internal laws of the State of North Carolina, without giving effect to any conflict of law rules or provisions that would cause the application of any other state’s laws.

BY ENTERING THE GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

Promotion Parties shall not be liable to Winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Promotion Parties sole control.

DISPUTE RESOLUTION:  The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsors shall be entitled to seek injunctive or equitable relief in the state and federal courts in North Carolina and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS Sponsors agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

GENERAL:  By participating in the Giveaway, entrants agree to release, discharge and hold harmless the Promotion Parties from and against any and all claims they may have against Promotion Parties for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorneys’ fees) resulting from acceptance, use, or misuse of the Prize or element thereof, or participation in this Giveaway. Each entrant further agrees to indemnify and hold harmless the Promotion Parties from and against any and all liability resulting or arising from the Giveaway and to release all rights to bring any claim, action or proceeding against Promotion Parties and hereby acknowledge that Promotion Parties have neither made nor are in any manner responsible or liable for any warranties provided exclusively by a supplier that may be sent along with the prize.  Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Except where legally prohibited, acceptance of any prize constitutes permission for BRITAX to use each winner’s name, photograph, and testimonials, in printed, broadcast or other media, whether now known or hereafter developed, in perpetuity, in any manner it deems appropriate in connection with promoting the BOB MOTION stroller or any other Contest and/or promotion sponsored by it, without further compensation to the winner.

MISCELLANEOUS:  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsors’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  When terms such as "may" are used in these Official Rules, Sponsors has sole and absolute discretion.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

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