Garmin 10KADAY Sweepstakes Rules – Garmin Blog

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April 29, 2020

Garmin 10KADAY Sweepstakes:

OFFICIAL
RULES

NO
PURCHASE NECESSARY TO ENTER OR WIN.  MUST
BE 18 YEARS OF AGE OR OLDER TO ENTER. 
VOID WHERE PROHIBITED BY LAW.

  1.  ELIGIBILITY:  The Sweepstakes is open only to individuals
    who are legal residents of the 50 United States (excluding Puerto Rico
    residents) or the District of Columbia, are 18 years of age or older at the
    time of entry. Employees and their immediate families of Garmin International,
    Inc. (“Garmin”) and any of Garmin’s affiliated companies are not eligible.  The Sweepstakes is subject to all applicable
    federal, state, and local laws and regulations and is void where prohibited by law.
  • AGREEMENT TO OFFICIAL RULES:  Entry in the Sweepstakes constitutes
    entrant’s full and unconditional agreement to and acceptance of these Official
    Rules and the decisions of Garmin, which are final and binding.  Winning a prize is contingent upon fulfilling
    all requirements set forth herein in a timely manner.
  • SPONSOR:  Garmin, located at
    1200 East 151st Street, Olathe, Kansas 66062, is the sole sponsor of this
    promotion.  The Sweepstakes is in no way
    sponsored, endorsed or administered by, or associated with, Instagram.
  • SWEEPSTAKES TERM:  The Sweepstakes
    begins at 09:00 a.m. Central Time (“CT”) on April 20, 2020  and will continue until 11:59 p.m. CT on May 10,
    2020 or such longer or shorter term as Garmin shall determine in its sole
    discretion (the “Sweepstakes Term”). 
    Entries received prior to or after the Sweepstakes Term will be
    disqualified.  Garmin is the official timekeeper for the Sweepstakes Term,
    and all timekeeping decisions of Garmin shall be final.
  • ENTRY:  NO PURCHASE
    NECESSARY TO ENTER OR WIN.
      Eligible persons may
    enter the Sweepstakes by each of the following methods: (1) entrants enter the
    Sweepstakes by publicly posting a photo on Instagram with the hashtag #10KADAY
    and tagging @Garmin. (2) In addition to entering the Sweepstakes by the social
    media method, eligible persons may also enter the Sweepstakes by submitting an
    e-mail to [email protected] with
    “Garmin Sweeps” in the subject line. Entrants using this alternate method of
    entry must provide their age, physical mailing address, and phone number in
    their email entries.  

Entries will not be acknowledged.  Garmin
and its affiliates assume no responsibility for any lost entries or any
computer, internet, or technical malfunctions that might occur during the entry
process.
  Normal Internet access and
usage charges imposed by your online service will apply.   

In the event of a dispute as to the identity of any
entrant, the authorized account holder of the email address used to set up the Instagram account from
which the entry was received, or in the case of the alternate means of entry, the email
address from which entry was received, will
be deemed to be the entrant.  Potential winners may be required to show
proof of being the authorized account holder of the email address/Facebook
account associated with the entry. 

  • ENTRY LIMITATIONS: Eligible participants are limited to one entry in the
    Sweepstakes.  Each eligible participant
    may enter under one Instagram account only, or in the
    case of the alternate means of entry, one email account only
    . Entries using
    automated means to generate entries, or otherwise participate are not
    eligible.  Use of any automated system to
    enter as determined by Garmin in its sole judgment is prohibited and will
    result in disqualification at Garmin’s sole discretion.  Additionally, anyone found to use multiple
    email accounts or multiple Facebook, Twitter or Instagram accounts to enter
    will be disqualified from all participation in the Sweepstakes.  ALL ELIGIBLE ENTRIES WILL BE ENTERED INTO THE
    SWEEPSTAKES.  Entries by any method other
    than set forth in Section 5 are void. 
    Garmin is not responsible for entries that it does not receive for any
    reason, or for entries that it receives but are ineligible under these Official
    Rules.  Garmin will automatically
    disqualify: (1) any incomplete or illegible entry; and (2) any entries received
    that are in excess of the entry limit described above.
  • PRIZE: One grand prize (the “Prize”) will be awarded for the
    Sweepstakes Term, consisting of an upgraded watch of the winner’s choosing,
    EITHER one Forerunner 945, a Fenix 6 or a Venu smartwatch.
  • The
    Prize has an approximate retail value (“ARV”) of ranging from $349.99-$849.99.  The ARV of the Prize is subject to price
    fluctuations in the consumer marketplace based on, among other things, any gap
    in time between the date the ARV is estimated for purposes of these Official
    Rules and the date the Prize is awarded. 
    The Prize is nontransferable and non-refundable and must be accepted as
    awarded.  No cash or other substitution
    may be made, except by Garmin, who reserves the right to substitute the Prize
    with another prize of equal or greater value if the Prize is not available for
    any reason as determined by Garmin in its sole discretion.  Winners are responsible for any taxes
    associated with receipt of the Prize. 
  • DRAWING:  The potential winner
    of the Prize will be chosen in a random drawing from the pool of valid entries
    at 11:00 AM CT, May 2, 2020. Odds of winning depend on the number of eligible
    entries received during the Sweepstakes Term. 
    The random drawings will be conducted by one or more employees of Garmin
    or an independent fulfillment entity.
  1. NOTIFICATION OF POTENTIAL WINNER:  Garmin will attempt to notify each potential
    winner by Instagram message (or in the event of an alternate means of entry
    potential winner, by email) immediately after the drawing.  If a winner of the Prize cannot be located or
    does not respond by 11:00 AM CT, May 2, 2020, that Prize winner will be
    forfeited and an alternate potential winner will be drawn from the pool of
    remaining valid entries.  Alternate
    potential winners will be notified by Instagram message (or in the event of an
    alternate means of entry potential winner, by email).  Garmin and its affiliates, or their
    respective officers, directors, employees, representatives and agents, will not
    be liable for unsuccessful efforts to notify a winner.
  1. REQUIREMENTS OF THE POTENTIAL WINNER:  Except where prohibited by law, each
    potential winner may be required to complete and return an affidavit of
    eligibility (the “Affidavit”) within 2 days of being notified.  If a potential winner fails to sign and
    return the Affidavit postmarked within the required time period, an alternate
    entrant may be selected in such potential winner’s place from all of the
    remaining valid entries received for the Sweepstakes Term.  If a potential winner declines the Prize,
    does not respond to the Prize notification, fails to claim the Prize, is
    unavailable for Prize fulfillment, fails to abide by the Official Rules, or is
    ineligible, Garmin will select an alternate winner from all remaining valid
    entries received for the Sweepstakes Term.
  1. PRIVACY:  Garmin will be
    collecting personal data from the entrants and potential winners in order to
    confirm Sweepstakes eligibility.  Garmin
    will treat this data in accordance with its privacy policy, located at http://www.garmin.com/privacy/.  In addition, Garmin may use and share an
    entrant’s personal data with third parties solely to the extent necessary to
    fulfill its obligation to administer and sponsor this Sweepstakes. All
    information provided is being provided solely to Garmin, and not to Instagram.
  1. GENERAL CONDITIONS:  Garmin reserves the
    right to cancel, suspend, and/or modify the Sweepstakes if any fraud, virus, or
    other technical problem corrupts the administration, security, or proper play
    of the Sweepstakes, as determined by Garmin in its sole discretion.  The use of robotic, automatic, macro,
    programmed or like methods (including without limitation the use of any
    promotion/sweepstakes subscription, notification, entry or like sites or
    services that offer sweepstakes entry services “on behalf of” entrant) is
    strictly prohibited.  In such event,
    Garmin reserves the right to award the Prize at random from among the valid
    entries received up to the time of the impairment.  Garmin reserves 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 false information provided by any entrant
    concerning such entrant’s identify or mailing address or any non-compliance by
    an entrant with these Official Rules may result in the immediate
    disqualification of the entrant from this Sweepstakes.  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, GARMIN RESERVES THE RIGHT TO
    SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Garmin’s failure to enforce any term of these
    Official Rules shall not constitute a waiver of that provision. 
  1. PUBLICITY:  Notwithstanding any
    other term herein, except where prohibited by law, submission of any entry
    constitutes the entrant’s consent to use of entrant’s name, likeness, voice,
    state of residence, biographical and prize information, statements about the
    promotion, anything submitted to enter the Sweepstakes and/or the entrant’s
    photo for advertising and promotional purposes in any media now known or
    hereafter devised without review, notification, approval or compensation.
  1. LIMITATION OF LIABILITY:  By participating in the Sweepstakes, each
    entrant agrees to release and hold harmless Garmin and its parents,
    subsidiaries, affiliates, and each of their respective officers, directors,
    employees, and agents, and Instagram (the “Released Parties”), 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 printer 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 website,
    network, hardware or software; or (d) technical or human error which may occur
    in the administration of the Sweepstakes or the processing of entries or
    winners.  ADDITIONAL POSSIBLE CLAIMS OR
    CAUSES OF ACTION INCLUDE, BUT ARE NOT LIMITED TO, INFRINGEMENT OF ANY RIGHT OF
    PUBLICITY OR INTELLECTUAL PROPERTY; THREATENED OR ACTUAL INJURY, LOSS, OR
    DAMAGE TO ANY PERSON, INCLUDING DEATH AND DISABILITY; DEFAMATION OR PORTRAYAL
    IN A FALSE LIGHT (INTENTIONAL AND UNINTENTIONAL); AND DAMAGE TO OR LOSS OF
    PROPERTY, ARISING OUT OF SUCH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR
    RECEIPT OR USE OR MISUSE OF ANY PRIZE. IN NO EVENT WILL THE RELEASED PARTIES BE
    RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING
    INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS
    PROMOTION.  Without limiting the foregoing, everything in these Rules and in
    this promotion, including, with the exception of Garmin’s standard limited
    product warranty, the prize awarded, is provided “as is’ without warranty of
    any kind, either express or implied, including but not limited to, the implied
    warranties of merchantability, fitness for a particular purpose or
    non-infringement.  Some jurisdictions may
    not allow the limitations or exclusion of implied warranties, so some of the
    above limitations or exclusions may not apply to all entrants.  Each entrant should check such entrant’s local
    laws for any restrictions or limitations regarding these limitations or
    exclusions.

If for any reason an entrant’s entry is confirmed to have
been voided or corrupted by any grossly negligent act of Garmin, entrant’s sole
remedy is another entry in the Sweepstakes, subject to availability and
provided that the Sweepstakes Term has not then expired.

  1. DISPUTES:  Except where
    prohibited by law, each entrant agrees that: (a) any and all disputes, claims
    and causes of action arising out of, or connected with, the Sweepstakes or any Prize
    awarded shall be resolved individually, without resort to any form of class
    action, and exclusively by the appropriate court located in the State of
    Kansas; and (b) entrant waives the right to claim any damages whatsoever,
    including, but not limited to, punitive, consequential, direct, or indirect
    damages, including attorney’s fees.  All
    issues and questions concerning the construction, validity, interpretation and
    enforceability of these Official Rules, entrant’s rights and obligations, or
    the rights and obligations of Garmin in connection with the Sweepstakes, shall
    be governed by, and construed in accordance with, the laws of the State of
    Kansas.
  1. WINNERS LIST:  A copy of these
    Official Rules will be posted on garmin.com/en-US/blog/Garmin10KADAYSweeps. Interested
    persons can obtain a list of the Sweepstakes winner(s) and a copy of these
    Official Rules by sending a self-addressed, stamped envelope to Garmin
    International, Inc., Attn:  Social Media
    Department, 1200 East 151st Street, Olathe, Kansas 66062.  



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