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February 7, 2020
Garmin Galentine’s Day 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.
- 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 February 7, 2020 and will continue until 11:59 p.m. CT on February 13, 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 following the directed Garmin account on Instagram, liking the giveaway post and commenting with their best friend’s name/Instagram handle. (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 two Venu smartwatches and two active wear sets.
- The
Prize has an approximate retail value (“ARV”) of $469.99. The ARV of Prizes 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.
Each 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 a Prize
with another prize of equal or greater value if a 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 a Prize.
- DRAWING: The potential winner
of each Prize will be chosen in a random drawing from the pool of valid entries
at 11:00 AM CT, February 17, 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.
- 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 or in store entry potential winner, by email) immediately
after the drawing. If a winner of a
Prize cannot be located or does not respond by 11:00 AM CT, February 20, 2020,
that Prize 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 or in store 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.
- 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.
- 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.
- 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 each 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.
- 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.
- 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 prizes 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 has not then expired.
- 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.
- WINNERS LIST: A copy of these Official Rules will be posted on garmin.com/en-US/blog/GarminGlentinesDaySweeps. 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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