01-10-13 - Backpacker Magazine - Tested Gear Sweepstakes

http://www.backpacker.com/2010-gear-guide-gear-sweepstakes/articles/13771

OFFICIAL RULES: TESTED GEAR December 18 – January 5, 2013
OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. "Tested Gear" SWEEPSTAKES: How to Enter - Beginning December 18, 2012, go to www.backpacker.com/gearsweeps to complete and submit the entry form pursuant to the on-screen instructions. Contestants can enter once per email per day. Winner Selection: Winner will be selected in a random drawing on or about January 10, 2013 from among all correct and eligible entries received. Drawing will be conducted by Backpacker Magazine, whose decision shall be final and binding. Odds of winning will depend upon the total number of eligible entries received. All online entries must be made by January 5, 2013 at 11:59 PM (ET). Backpacker Magazine is the sponsor of this sweepstakes.

Prizes & Approximate Retail Value (ARV): One prize winner will receive one Magellan eXplorist 510, $279.99. Any unclaimed portion of prize package will be forfeited and will not be substituted. Prize values are in U.S. currency. Substitution of a prize of equal or greater value (or a cash equivalent) will be awarded in case of prize unavailability. All prizes will be awarded within one (1) year of receipt of valid and executed winners' affidavit or prize confirmation. However, any portion of the prize not accepted by the winner will be forfeited.

2. ENTRIES: Limit one (1) entry per person per day and per e-mail address for "Tested Gear Sweepstakes." Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor shall not be liable for entries and winner notification responses that are delayed, lost, misdirected, misdelivered, marked postage-due, illegible, mutilated, incorrect or incomplete, and such entries will not be eligible for this Promotion. For entries by mail please send to: Backpacker Magazine "Tested Gear Sweepstakes" 2520 55th Street Boulder, CO 80301. Mail-in entries must be received by Backpacker Magazine by May 15, 2011. Mail-in entries may be typed or hand written on a note card and will be added to the online submissions for the drawing. Regulations listed above for online submissions also apply to mail-in where applicable.

3. ELIGIBILITY: Open to legal residents of the 50 United States who are 18 years or older, at time of entry. Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, the independent judging organization and prize suppliers (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible.

4. CONDITIONS OF PARTICIPATION: Online entrants must have valid e-mail address and it is entrant's responsibility to update Backpacker of any change in e-mail address. Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner. Each prize is awarded "as is" with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. All federal, state, provincial and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. By participating, entrants agree that the Sponsor, those involved in the development, production, implementation and distribution of this promotion and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion shall not be liable for any and all claims, damages, losses or injuries, including any third party claims, damages, losses or injuries, arising from or relating to, in whole or in part, this Promotion, including entry and participation in this Promotion and acceptance, possession, use or misuse of the prizes. All entrants further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to this Promotion, they will indemnify Sponsor for any and all such claims, including attorneys' fee related thereto. Winners (and parent or legal guardian if winner is a minor) may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsor within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner's name and/or likeness, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, winner agrees to hold Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Promotion or acceptance or use of the prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize.

5. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.

6. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Colorado State law, without reference to Colorado choice of law rules, governs the Promotion and all aspects related thereto.

7. SPONSOR: Backpacker Magazine, 2520 55th Street, Suite 210, Boulder, CO 80301.