NATIONAL PARK FOUNDATION “FIND YOUR PARK” SWEEPSTAKES (“SWEEPSTAKES”) IS VOID OUTSIDE OF THE UNITED STATES AND WHERE PROHIBITED BY LAW. THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (“D.C.”), WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. THE SWEEPSTAKES IS GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES.
NATIONAL PARK FOUNDATION “FIND YOUR PARK” SWEEPSTAKES OFFICIAL RULES
Sponsored by National Park Foundation (herein “Sponsor”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins on August 29, 2017 at 12:00:00 p.m. noon Eastern Time (“ET”) and ends on September 29, 2017 at 5:00:00 p.m. ET (“Sweepstakes Period”)
2. ELIGIBILITY: Sweepstakes is open to legal residents of the 50 United States and D.C., who are eighteen (18) years of age or older at the time of entry. Employees of Sponsor, Recreational Equipment, Inc. (“REI”), Subaru of America, Inc. (“Subaru”), Promotion Activators Management, LLC (“Administrator”), their respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies, and all other service agencies involved with design, execution or fulfillment of this Sweepstakes, and members of the immediate families (defined for these purposes as spouses, parents, children, siblings, and their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. Sweepstakes is void outside of the 50 United States/D.C. and where prohibited by law. You must meet the additional eligibility criteria set forth in Section 6 to claim the vehicle lease portion of the Second Prize.
3. HOW TO ENTER: During the Sweepstakes Period, go to www.nationalparks.org/sweepstakes (“Website”) and follow the on-screen instructions to complete and submit the online entry form to receive one entry into the Sweepstakes. LIMIT: One (1) entry per person/household/email address per day. For purposes of these rules, a “day” is defined as beginning at 12:00:00 a.m. ET and ending at 11:59:59 ET, except for the first day which shall begin at 12:00:00 p.m. ET and the last day which shall end at 5:00:00 p.m. ET. Entries received from any person, household or email address that exceed the stated limit will be void. Entries must be received by 5:00:00 p.m. ET on September 29, 2017 to be eligible for the Sweepstakes drawing. In the event of a dispute as to who submitted an entry, the name of the “authorized account holder” associated with the email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor will not verify receipt of entries. Entries that are late, lost, stolen, undelivered, illegible, contain false information, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in these Official Rules will be void. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified.
Use of any automated program to enter will result in disqualification. The database clock for the Website will be the official timekeeping device for the Sweepstakes.
4. DRAWING: One (1) Grand Prize winner and one (1) Second Prize winner will be randomly selected from among all eligible entries received on or about September 29, 2017. The random drawing will be conducted by the Administrator whose decisions are final and binding in all matters relating to the Sweepstakes. The odds of winning depend upon the number of eligible entries received.
5. WINNER NOTIFICATIONS/VERIFICATIONS: You are not a winner until your eligibility has been verified, and it is determined that you have complied with all terms of these Official Rules. Potential winners will be first notified on or about September 29, 2017 by email (“Initial Email) at the email address provided at time of entry. Potential winners must reply to this Initial Email with their complete name, mailing address, phone number, and date of birth within 72 hours from when the Initial Email is sent. Sponsor and Administrator are not responsible for any change of e-mail address or communication problems. If a potential winner does not reply to the Initial Email with the information specified above within 72 hours, he/she will be disqualified and an alternate potential winner will be randomly selected from among remaining eligible entries. Once a potential winner has provided their complete mailing information, he/she will be issued by overnight delivery service and required to sign, have notarized, and return an Affidavit of Eligibility and Liability Release (including, where permitted, a Publicity Release) (the “Affidavit”), within fourteen (14) days of date of notification. If a winner is at least 18 but considered a minor in his/her jurisdiction of residence, prize may be awarded in the name of winner’s parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winner set forth herein, and, in the case of the Grand Prize, will be required to accompany such winner as his/her guest, as Sponsor determines at its sole discretion. If a guest of the Grand Prize winner is considered a minor in his/her jurisdiction of residence, guest must be a child or legal ward of the Grand Prize winner. Guests must execute and return a liability/publicity release prior to issuance of the Grand Prize. If a guest is child or legal ward of the Grand Prize winner, Grand Prize winner must sign and return release on behalf of such child or legal ward. Failure to return the executed Affidavit within the specified time-period may result in forfeiture of the prize, at Sponsor’s sole discretion, and random selection of alternate winner from all remaining eligible entries. If a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner, or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. By accepting a prize, winners grant Sponsor and Sponsor’s agents, the right to use their names and likenesses in advertising, publicity and promotion without further compensation or permission, except where prohibited by law.
One (1) Grand Prize: Grand Prize winner and up to three (3) guests will receive an REI Adventures Zion & Bryce Hiking & Camping package. For additional details, go to https://www.rei.com/adventures/trips/namer/zion-bryce-hiking-rei-signature-camping.html. Grand Prize winner will also receive one (1) $1,000 airline gift card intended to be used towards air transportation. Approximate retail value (“ARV”) of Grand Prize: $10,596. REI Adventures Zion & Bryce Hiking & Camping package is subject to availability and the terms and conditions imposed by REI. Guest(s) must be at least eighteen (18) years of age or older. For further details, go to www.rei.com/adventures. Blackout dates and other restrictions may apply. Airlines gift card is subject to the terms and conditions imposed by the issuer. Advance reservations are required. Winner and guests must be available to travel in accordance with REI’s schedule and trip must be completed by 9/01/18. If prize is not redeemed during these periods, it will be forfeited in its entirety and no compensation will be awarded in lieu thereof. Other restrictions may apply. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events/activities (including airline flights) beyond its control. Winner and guests must have all necessary identification and/or travel documents required for travel (e.g., a valid driver’s license, U.S. passport, etc.). All other expenses on the receipt and use of the prize not specifically mentioned herein, including but not limited to any required transportation, tips, gratuities, incidentals; local and long-distance calls, and service charges, any necessary lodging other than that which is offered as part of the prize, all meals and beverages not offered as part of the prize, and any other miscellaneous expenses, are solely the responsibility of winner and guests. Winner and guests must travel together on the same itinerary. If winner’s guest(s) are not the age of majority in their state of residence, winner must be such guest’s parent/legal guardian. Guests have no independent right or claim to any prize. Any portion of the prize not accepted by winner or guests will be forfeited. It is recommended that the winner and guests obtain sufficient personal insurance, including trip cancellation insurance, prior to departure; Sponsor expressly disclaims any responsibility or liability for securing such insurance. Winner and guests agree to comply with all airlines and REI rules and regulations. Failure to do so may result in forfeiture of such portion of Grand Prize. By participating and accepting the Grand Prize, winner represents that he/she understands that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, and hiking in nature contain some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. Winner and guests represent that they recognize that such risks may be present at any time before, during and after the Grand Prize trip.
One (1) Second Prize: Second Prize winner will receive use of a 2018 Subaru Crosstrek (“vehicle”) for thirty (30) days provided they have a valid driver’s license, proof of insurance, and are at least 25 years of age or older with an acceptable driving record as determined by the Sponsor. Winner must reside in one of the 48 contiguous United States or D.C. to receive the vehicle portion of the Second Prize. The Sponsor reserves the right to substitute a different vehicle make, model, and/or specifications at its sole discretion. Second Prize winner may not make any physical alterations or add or remove any accessories or options to/from the vehicle. Second Prize winner will be required to sign and abide by all instructions and rules included in the 30-day promotional lease agreement which will be provided by Subaru of America, Inc., as well as present his/her valid driver’s license and provide satisfactory proof of automobile insurance prior to delivery of the vehicle. Second Prize winner must also agree to a background check and credit check to confirm he or she qualifies for the vehicle portion of the Second Prize. If winner is aged 18-24, or resides in Alaska or Hawaii, or has a poor driving record as determined by Sponsor, or does not have a valid driver’s license and/or have sufficient automobile insurance, an alternate Subaru Eco prize pack ($500 value) will be awarded to the Second Prize winner in lieu of the vehicle lease, the contents of which will be determined by Subaru with no substitutions. The Second Prize winner must take delivery of the vehicle at his or her sole expense, within 60 days of notice of availability of the vehicle from Sponsor at a location determined by Sponsor, or, at Sponsor’s sole discretion, the vehicle portion of the Second Prize will be forfeited. No other delivery option will be available. Vehicle will be delivered approximately 30 days from final verification of the Second Prize winner’s eligibility. Second Prize winner is responsible for all taxes and expenses, including but not limited to sales tax, luxury tax, destination charges, registration, title and license fees, insurance and all other costs incurred in claiming, registering or using the vehicle.
Winner will also receive a Trek mountain bike, a Coleman® camping kit that includes a Carlsbad™ Fast Pitch™ 6-person dome tent with screen room, 55-quart wheeled cooler, Quad® Pro 800L LED lantern, Kickback™ Breeze chair, Autumn Glen™ 30 sleeping bag, and a Roadtrip® Xcursion propane grill, and a Budweiser Retro Fridge. ARV of Second Prize: $2,045. All Prizes: Prizes are non-transferable and may not be redeemed for cash or substituted except by Sponsor, which reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value at its sole discretion. Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt, regardless of whether prizes are used in whole or in part. Total ARV of all prizes: $12,641.
7. GENERAL: By participating, entrants (a) agree to abide and be bound by these Official Rules and the decisions of Sponsor which are final and binding in all matters; (b) consent to the use by Sponsor and its designees of their names, cities and states of residence, and prize information for advertising, trade and promotional purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law; and (c) to release, discharge and hold harmless Sponsor, Administrator, REI, Subaru, their respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies, and all other service agencies involved with design, execution or fulfillment of this Sweepstakes, and the respective attorneys, directors, officers, agents and employees of the foregoing (collectively, the “Released Parties”) from any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes, and the acceptance, use, misuse or possession of a prize, including any travel and other prize-related activities related thereto, including as set out in the Limitations of Liability section. Entrants who have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Website; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor or Sponsor’s representatives. If Sponsor suspects that an entrant has engaged in an unsportsmanlike or disruptive manner, the entrant will be contacted as soon as practicable. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE SWEEPSTAKES. All materials submitted become the property of Sponsor and will not be returned.
8. LIMITATION OF LIABILITY: Released Parties do not assume any responsibility and the entrant releases the Released Parties from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the Sweepstakes or prize-related activity including travel, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of winners, and the arranging, awarding and use of prizes. Without limiting the generality of the foregoing, the Released Parties are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, contain false information, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Official Rules; (iii) any loss, damage, or claims caused by, or in any way related to the awarded prizes or the Sweepstakes itself; (iv) failure of the Website or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human or technical, errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (v) any errors, omissions, incorrect or inaccurate information in any Sweepstakes-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Sweepstakes howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (vii) any claims regarding the accepting, arranging, awarding or use of prizes; or (viii) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to modify, terminate or suspend this Sweepstakes (or portion thereof), or to amend the Official Rules, at any time, in any way, and without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to terminate the Sweepstakes. In the event of termination, Sponsor may conduct the drawing at random from among all eligible, non-suspect Sweepstakes entries received up to time of such action for this Sweepstakes. In the event of any such termination or suspension, a notice may be posted on www.nationalparks.org. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
9. BINDING ARBITRATION; Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply the law of the District of Columbia consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the District of Columbia, United States of America, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the District of Columbia.
10. WINNERS’ NAMEs: For the winners’ names (available after winner has been verified), send a self-addressed, stamped, business size (#10) envelope by November 25, 2017 to: National Park Foundation Find Your Park Sweepstakes Winners, 5550 Touhy Ave, Suite 403, Skokie, IL 60077.
12. RULES GOVERN. In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Sweepstakes related materials, including, but not limited to, the Sweepstakes entry form, the Official Rules shall prevail, govern and control.
13. SPONSOR: National Park Foundation, 1110 Vermont Ave NW, Suite 200 Washington, DC 20005
14. ADMINISTRATOR: Promotion Activators Management, LLC, 5550 Touhy Ave, Suite 403, Skokie, IL 60077.