ShoreMaster DreamScapes Promotion 2012
- DESCRIPTION. The ShoreMaster DreamScapes Promotion 2012 (the "Promotion) begins on December 9, 2011 and ends on April 30, 2012 (the "Promotion Period). All entries must be received by Sponsor during the Promotion Period. The Promotion provides participants with the opportunity to be eligible for the Prizes awarded in accordance with these Official Rules. By entering the Promotion, participants unconditionally accept and agree to be bound by the Official Rules and agreed that the decisions of ShoreMaster, Inc., (the "Sponsor) shall be final and binding in all respects. Receipt of a prize is contingent upon fulfilling all requirements as set forth herein.
- ELIGIBILITY. The Promotion is open to participants who are legal residents of the United States (excluding FL, HI, NY, & RI) and the District of Columbia and who are at least 18 years old at the time of entry. Employees of Sponsor, its subsidiaries, affiliates, dealers, resellers and the officers, directors, members, shareholders of such organizations as well as judging individuals or their organizations (if applicable), or any other party associated with the development or administration of the Promotion, and their immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household as such individuals are not eligible. This Promotion is void where prohibited or restricted by law.
- REPRESENTATIONS AND WARRANTIES. By participating in the Promotion, you warrant and represent that: (a) the entry, if submitted electronically, does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Promotion; and (b) the entry is fully compliant with these Official Rules. Entries not satisfying these criteria in any respect will be disqualified and removed from the Promotion.
- WINNER SELECTION. Sponsor will randomly select potential winners from among all eligible entries as follows: (a) For each Grand Prize drawing, from all eligible entries received by 1/31/12, 2/28/12, 3/27/12, and 4/30/12, respectively. (b) For Weekly Prize Packages, from all eligible entries received by the end of each week during the Promotion Period with the first Weekly Prize Package awarded after December 19, 2011. Odds of winning depend on the total number of eligible entries received by each drawing date. Any entry selected as a winner of a Weekly Prize Package will be ineligible to win additional Weekly Prize Packages. Any entry selected as a winner of a Grand Prize will be ineligible to win any additional prizes.
- WINNER NOTIFICATION. Sponsor will announce potential winner(s) at http://www.shoremasterrewards.com and on the ShoreMaster Facebook fan page. Sponsor will then notify potential winners by e-mail, using the information provided on his/her entry. Sponsor will send to potential winner(s) by e-mail, at the e-mail address on his/her entry, an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires (the "Affidavit"). In order to redeem his/her prize, potential winner(s) shall sign, have notarized, and return to Sponsor the Affidavit within twenty-one (21) days of the date notice or attempted notice is sent and any other forms provided by Sponsor (where and to the extent legally permissible) in order to claim the Prize. A Prize must be claimed within twenty-one (21) days of the date notice or attempted notice is sent, or the Prize will be forfeited. If a potential winner cannot be contacted after Sponsor’s reasonable attempts, or fails to sign and return the applicable Affidavit of Eligibility, General Release & Waiver, and/or Publicity Release within the required time period noted above, the potential winner will be disqualified and will forfeit the Prize. If not disqualified, the potential winner must continue to comply with all terms and conditions of these Official Rules, and winning and awarding of the Prize is contingent upon fulfilling all requirements. Failure to comply with these requirements will result in forfeiture of Prize, and the Sponsor will select an alternate winner. If, after selection of three (3) consecutive alternate potential winners, no alternate winner qualifies to receive the Prize, then a Prize will remain un-awarded. In the event that any potential winner is disqualified from receiving a Prize, an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant's e-mail address, telephone number, or home mailing address changes after he/she enters the Promotion, it is the entrant's sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
- PRIZE DESCRIPTION. A total of four Grand Prizes shall be awarded. Grand Prizes shall have a retail value of $10,000 USD and consist of a certificate redeemable by special order from Sponsor from available Sponsor products listed in Sponsor’s then-current dock and lift brochures. Grand Prizes shall be shipped from Sponsor to a dealer located near a Grand Prize Winner with the particular dealer selected by Sponsor in its sole discretion. Shipping of Sponsor’s products purchased with the Grand Prize certificate from the dealer location to the installation site shall be the sole responsibility of a Grand Prize Winner. Installation not included. Grand Prize Winners shall be responsible for any additional costs incurred above and beyond the face value of the Grand Prize certificate. In addition to the Grand Prizes, 20 Weekly Prize Packages shall be awarded throughout the course of the Promotion. A total of 400 Weekly Prize Packages will be awarded in all. Each Prize Package has a combined Suggested Retail Value of $596.89 USD and consists of the following products: (1) Breeze 2011 – Item #1020199, SRV $25.99; (2) Caribbean Cruiser 2011 – Item #1020299, SRV $59.99; (3) Cosmic Slide – Item #1015878, SRV $99.99; (4) Hyper – Item #1016047, SRV $199.99; (5) Instant Air Pump #17018 – Item #1013658, SRV $24.99 (6) Lazy Lounger – Item #1017000, SRV $16.99 (7) Slider Island 2011 – Item #1019383, SRV $49.99 (8) Sun Float 2011 – Item #1020202, SRV $12.99 (9) Sun Odyssey 2011 – Item #1020200, SRV $29.99; (10) Water Trotter – Item#1020198, SRV $35.99; and (11) Ahh-Qua Lounger 2011, Item#1017004, SRV $39.99. Sponsor reserves the right to substitute any Prize with a similar item of equal or great value. Prizes shall otherwise have no cash equivalent value. All federal, state and/or local income and other taxes are the winner's sole responsibility. Prizes are subject to any and all applicable terms and conditions. Winner will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600. No transfer, refund, substitution or replacement of prize permitted. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted. Weekly Prize Packages will be shipped to the home address of the Winner.
- CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of the Promotion, its parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Sponsor Entities"), from any and all liability whatsoever in connection with the Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited, participation and acceptance of a prize constitutes the consent of any participant and winner, without further compensation, (i) to use the name and likeness of such participant/winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor and (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of the Promotion and the use, misuse, or possession of any prize.
- DISCLAIMERS. Sponsor reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned for any reason, including but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. The Sponsor may prohibit an entrant from participating in the Promotion if, in its sole discretion, an entrant repeatedly shows a disregard for the Official Rules, or acts: (a) in a manner Sponsor determines to be not fair or equitable including the use of automated processes or devices not valid for entry; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive manner.
- INDEMNIFICATION. Each entrant hereby agrees to indemnify and hold the Sponsor Entities harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating, in whole or in part, directly or indirectly, to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such.
- LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION EVEN IF SPONSOR OR A SPONSOR ENTITY WAS AWARE OF THE POSSIBILITY OF ANY SUCH CONSEQUENCES, LOSSES OR DAMAGES. BY ENTERING, ENTRANT WAIVES HIS/HER RIGHT TO SEEK RESCISSION OF THIS AGREEMENT OR INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ALL JUDGMENTS OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET DAMAGES (EXCLUDING ATTORNEY’S FEES).
- APPLICABLE LAWS AND JURISDICTION. The Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Minnesota. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Minneapolis, Minnesota. Should there be a conflict between the laws of the State of Minnesota and any other laws, the conflict will be resolved in favor of the laws of the State of Minnesota.
- WINNERS' LIST. The names of prize winners may be requested by sending a self-addressed, stamped envelope by June 30, 2012, to ShoreMaster, Inc., 1025 International Drive, Fergus Falls, MN 56537, attention: ShoreMaster DreamScapes Promotion 2012.
- SPONSOR.This Promotion is sponsored by ShoreMaster, Inc., 1025 International Drive, Fergus Falls, MN 56537.