POWER & MOTORYACHT CRUISING CLUB SWEEPSTAKES
Sweepstakes Rules
Introduction: Primedia Magazines, Inc., d/b/a POWER & MOTORYACHT Magazine, Garmin International Inc., and XM Satellite Radio Inc. (ìSponsors") are offering the POWER & MOTORYACHT Cruising Club Sweepstakes ("Sweepstakes").
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning. Void where prohibited.
2. Eligibility: Entrant must be 18 years of age or older as of August 24, 2004 and a legal resident of the continental United States or the District of Columbia. Employees of Sponsors, the Sponsorsí parents, subsidiaries, affiliated companies, and agents and the immediate family (defined as parents, spouse, children, siblings, grandparents) of each such employees, and all those with whom such employees are domiciled, are NOT eligible.
3. Timing: Sweepstakes begins at 12:00:01 a.m. Eastern Time ("ET") on Tuesday, August 24, 2004 and ends at 11:59:59 p.m. ET on Tuesday, February 1, 2005.
4. How to Enter: Enter by visiting www.powerandmotoryacht.com and filling in the required information on entry form. Or, alternatively, enter by sending a 3x5 card with your name, address, age, e-mail address (if available), and phone number to: POWER & MOTORYACHT Cruising Club Sweepstakes, 260 Madison Avenue, New York, NY 10016 (mailed entries must be received by February 1, 2005 and be legible/complete). Sponsors shall not be responsible for lost, late, mutilated or misdirected mail. Limit on entry per person/e-mail address (regardless of entry method). Sponsors may also ask optional questions; completion of these questions is not required to enter the Sweepstakes.
5. Drawing: This sweepstakes will have one drawing. Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements. For each prize, a potential winner will be selected in a random drawing from all eligible entries received on or before the entry deadline. The drawing will be conducted on or about Wednesday, February 2, 2005 by Sponsors, whose decisions are final and binding in all matters relating to the Sweepstakes. Odds of winning depend on the total number of eligible entries received. Potential winners will be notified by e-mail or mail on or about February 7, 2005. If a potential winner cannot be contacted within fourteen (14) days after the first attempt to contact such potential winner, an alternate entrant will be selected in his or her place at random from all entries received.
6. Prizes: The following prizes will be awarded: Two winners will each receive the Garmin GPSMPA 3010C chartplotter and a one-year subscription to XM WX Satellite Weather "Master Mariner" Service package. Cumulative total approximate retail value of all prizes to be awarded is $6,900. Limit one prize per person. Sponsors are not responsible for lost or mutilated prizes and none will be replaced. Prizes are nontransferable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsors in the event that a prize cannot be awarded for any reason, in which case, Sponsor(s) will award prize of equal or greater value. All taxes, fees and surcharges on prizes are the sole responsibility of winner.
7. Other Terms and Conditions: Potential winners and any guests who will share in the prize will each be required to execute and return an Affidavit of Eligibility, Liability Release, and where lawful, a Publicity Release, within fourteen (14) days of notification, failing which the potential winner will be disqualified and another winner selected in the place of the disqualified person at random from all entries received. If any prize or prize notification is returned as non-deliverable, the potential winner will be disqualified and another potential winner will be selected in the original potential winner's place. By accepting a prize, a winner agrees that the Sponsors and those acting under the Sponsorsí authority, may use winner's name, picture/portrait likeness and/or voice, for advertising and promotional purposes without further consideration, unless prohibited by law. BY ACCEPTING A PRIZE, A WINNER AGREES THAT THE SPONSORS, THEIR SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THE SPONSOR'S OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY. Subject to all federal, state and local laws. Void where prohibited.
8. Miscellaneous: All entries become the sole property of Sponsors and none will be returned. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsors reserve the right in their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsors on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Sweepstakes. Sponsors are not responsible for late, lost, illegible, incomplete, stolen, or misdirected entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Winners List: A complete list of prizewinners will be available at http://www.powerandmotoryacht.com on or about Tuesday, March 1, 2005 or by sending a stamped self-addressed envelope by March 1, 2005 to: POWER & MOTORYACHT Cruising Club Sweepstakes, Winnersí List, 260 Madison Avenue, New York, NY 10016.
10. Sponsors: The Sponsors of this sweepstakes are: a) Primedia Magazines, Inc., d/b/a POWER & MOTORYACHT Magazine, 260 Madison Avenue, New York, NY 10016; b) Garmin International Inc., 1200 East 151st Street, Olathe, KS 66062; c) XM Satellite Radio Inc., 1500 Eckington Place NE, Washington, DC 20002.
E) Winner Affidavit:
AFFIDAVIT, WAIVER, RELEASE AND INDEMNITY AGREEMENT (ìAgreementî)
I, __________________________________ being duly sworn say:
I hereby agree that I (and my heirs, executors, and administrators) will be bound by all the terms of this Agreement.
My Date of Birth ________________________________________________
My Social Security Number _______________________________________
My Street Address _______________________________________________
My City, State and ZIP Code _____________________________________
I am submitting this Agreement to PRIMEDIA Magazines, Inc., to Garmin International Inc., and to XM Satellite Radio Inc., the sponsors (ìSponsorsî) of the POWER & MOTORYACHT Cruising Club Sweepstakes (ìSweepstakesî) named in the Sweepstakes Official Rules (ìRulesî) attached to this Agreement with the understanding that it will be relied upon in connection with my entry in the Sweepstakes.
I represent that I have read, understand and fully complied with (and will continue to fully comply with) the Rules of the Sweepstakes, that I am a legal resident of the continental United States or of the District of Columbia, that as of 8/24/04 I was 18 years of age or older, and that I have perpetrated no fraud or deception in connection with my entry or in claiming a prize.
I represent that neither I, nor any person I am domiciled with, nor any member of my immediate family (defined as: parent, spouse, child, sibling, and grandparent) is now or was at the time of my entering the Sweepstakes, an employee of the Sponsors or any of their respective parents, subsidiaries, affiliated companies, or agents.
I also understand that I am obligated to return the following documents within fourteen (14) days of postmark (ìReply Deadlineî) of this Agreement:
1) This agreement, correctly executed by me
2) The attached W-9 form, correctly completed, signed and dated by me
I understand that noncompliance with the requirements of this paragraph may result in my disqualification and an alternate winner may be selected at your discretion.
I acknowledge that the Sponsors will not be responsible for injury to me as a result of my acceptance of a prize or prizes awarded in the Sweepstakes. In consideration for permitting me (ìWinnerî) to be awarded a prize in the Sweepstakes, I do voluntarily indemnify, release, discharge, hold harmless, waive and relinquish any and all claims, damages, losses, expenses, remedies, demands, debts, obligations, causes of action and/or claims for relief (collectively ìClaimsî) that I may have against the Sponsors, their respective parents, subsidiaries, affiliates, divisions, dealers, shareholders, officers, directors, employees, managers, members, insurance carriers, agents, and all others associated with the development and execution of the Sweepstakes (the ìReleaseesî), arising out of or relating to the Sweepstakes, any prize or prizes won in the Sweepstakes, the use of any prize or prizes won in the Sweepstakes, and/or participation in a Sweepstakes related activity (including travel to and from such activity), including but not limited to Claims for bodily injury, personal injury, emotional distress, property damage or death and/or dismemberment occurring to the Winner and arising out of or relating to the Sweepstakes, any prize or prizes won in the Sweepstakes, the use of any prize or prizes won in the Sweepstakes, and/or participation on a Sweepstakes related activity (including travel to and from such activity), save and except only those Claims due to the gross negligence, fraud, or willful misconduct by Sponsors to my person or property or in violation of any applicable laws.
I agree to return immediately upon demand to the Sponsors any prize or the value of said prize that has been or may be awarded to me if any statement made by me in this Agreement is false. I understand that all tax liability on this prize is my responsibility, and that a Form 1099 will be filed with the IRS in connection with any prize or prizes valued at $600 or more.
I understand and agree that the Sponsors are only responsible for the prize as described in the Rules; any and all other unspecified costs associated with any prize awarded to me are my sole responsibility.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I do hereby give the Sponsors and their respective successors and assigns full permission and authority to photograph/video me, and in perpetuity to use my names, address, prize won, picture/portrait, likeness, voice, statements, winner submitted photographs and descriptive information, in whole or in part, as may be adapted, edited, or modified, as solely determined by Sponsors for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the World Wide Web, without review, notification or approval, all without additional consideration other than any prize which may be awarded except where prohibited by law
And in addition, that should I supply the Sponsors with a write-up and photos of a prize related activity, I agree that all rights, title, and interest which I now have or may in the future have in the supplied write-up and/or photograph(s) are unconditionally assigned and transferred to the Sponsors.
I understand that I am required to sign this Agreement as a condition of winning a prize in the Sweepstakes (except where prohibited by law), that no prize will be awarded until this Agreement is signed, notarized and returned within the timeframe specified (along with the other documents mentioned herein), and that this Agreement may not be changed except by a writing signed by all parties acknowledging the changes made.
HOME PHONE _(_______)______________ BUSINESS PHONE _(________)________________
SIGNED _______________________________ SIGNED_____________________________
Winner Signature Signature of Parent/Guardian if
winner is under 21 years of age
State of: __________________
County of: _________________
Sworn to before me this _____, day of ______________, 2005.
___________________________ NOTARY SEAL:
Notary Public
___________________________
Printed or Typed Name