ARTICLE 1. Organization
The company HOBIE CAT EUROPE (“the sponsor”) having its headquarter 800, rue du Dr Calmette, 83210 La Farlède – France- S.A.S with a social capital of 990 100 Euros and registered in Toulon Board of Commerce under the number 753 416 064, organizes a free sweepstake – no purchase necessary- in the frame of a marketing operation on Facebook and destined to promote the new Hobie Tequila Sunrise Recycled Sailcloth Bags. Void in any European country where sweepstakes are vorbidden. The Tequila Sunrise Recycled Sailcloth Bags Giveaway Online Sweepstakes (the “Sweepstakes”) begins 12:00 a.m. GMT September 15, 2014 and ends 11:59 p.m. GMT on October 12, 2014 (the “Sweepstakes Period”).
ARTICLE 2. Eligibility:
Sweepstakes is restricted to residents of European continental countries and in France metropolitaine (including Corsica) who are at least 18 years old at time of entry and who had online access on or before September 01, 2014. Employees, officers, directors and agents of Hobie Cat® Company (“Sponsor”), and each such entities’ respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers and the immediate family (spouse, mother, father, sister, brother, ward, daughter or son) or members of the households of each (whether or not related) are not eligible.
By entering, entrants agree (i) to be bound by these Official Rules and Sponsor’s Privacy Policy, and (ii) that the decision of the judges are final and binding on all matters relating to the Sweepstakes; (iii) to be contacted by Sponsor via Facebook; and (iv) to release and hold harmless Facebook and Sponsor, parents, subsidiaries, affiliates, distributors, suppliers and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders and agents (collectively, the “Releasees”) from and against any and all liability for injuries and/or damages (including death) sustained in connection with use and/or misuse of a prize or related to participation in the Sweepstakes.
ARTICLE 3. Entry: Beginning 12:00:01 am PST on September 15, 2014, visit https://www.facebook.com/pages/Hobie-Cat-Europe/191640500851214 and find the Tequila Sunrise Recycled Sailcloth Bags Giveaway post and comment on the post with a picture of a Hobie Sailboat that has one of the iconic sails, fully hoisted, as shown on the sailboat ribbon by 11:59 PM GMT on October 12, 2014 (the “Entry Period”). By posting a comment entrants acknowledge acceptance of all terms of these official rules. Limit 1 entry per person. No facsimiles allowed. Sponsor is not responsible for lost, late, stolen, mutilated, damaged, incomplete, illegible or misdirected entries or for malfunctions of electronic equipment, computer hardware or software, or any other technical problems related to website entries. Entries become property of Sponsor and will not be returned. Any attempt at entry except as above stated is void. Sponsor computer will be the official clock of the Sweepstakes.
ARTICLE 4. Winner Selection: Ten (10) potential winners will be selected by random drawing from among all eligible entries received on or about October 12, 2014. Odds of winning will depend on the total number of eligible entries received during the Entry Period. The drawing will be conducted by the Sponsor, judge of the Sweepstakes, whose decisions on all matters related to these Official Rules shall be final and binding.
ARTICLE 5. Prize: Ten (10) randomly selected winners will receive one (1) each of the following prizes: One (1) Tequila Sunrise Recycled Sailcloth Wine Bag Approximate Retail Value = 36 € H.T. Prize is not transferable. No cash redemptions or prize substitutions allowed, except at Sponsor’s sole discretion. Prize will be awarded. In the unlikely event that any prize or part of a prize is unavailable for any reason, winner agrees Sponsor has no further obligation to winner other than delivery of the remainder of the prize.
ARTICLE 6. Winner Notification/Releases: Potential winner will be notified via Facebook. The potential winner will have 5 days from the moment such notification is issued to respond to such notification by following the instructions provided therein. If the potential winner responds timely to such notification, the potential winner (or the potential winner’s parent or legal guardian if the potential winner is a minor) will be responsible for income taxes relating to acceptance of prize. Allow 4-6 weeks for prize delivery. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. If a potential winner does not reply to the notification within 5 days of its issuance, is ineligible, or cannot or does not comply with the Official Rules, he/she will be disqualified, the prize will be forfeited and an alternate winner may be selected, at Sponsor’s discretion, in a second chance drawing of all eligible entries received during the Entry Period.
by accepting a prize, the winner consents to the use of his or her name, voice, picture or other likeness for advertising, promotional and other purposes in any media as determined by Sponsor without further approval or compensation.
ARTICLE 7. Limitations of Liability: Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or the Web Site or any web site related to the Sweepstakes; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, macro, automatic, programmed or the like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of registration will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the potentially winning entry. Sponsor may prosecute any fraudulent activities to the full extent of the law. All federal, state and local laws and regulations apply. By agreeing to these rules & regulations, entrant agrees to receive emailings from the listed sponsor which they may opt out of at any time by contacting Sponsor to ‘unsubscribe’ or checking the appropriate ‘unsubscribe’ box on Sponsor’s websites.
The Releasees are not responsible for any lost, late, illegible, misdirected, mutilated, incomplete, incorrect or inaccurate entries or entry information, whether caused by web site users or by any of the equipment, computer hardware or software or any other technical operation or programming associated with or utilized in the Sweepstakes, and the Releasees assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission at the Web Site or any web site related to the Sweepstakes, or for communications line failure, or for theft or destruction, tampering, or unauthorized access to entries and/or entry information. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to void suspect entries and/or to cancel, terminate, modify or suspend the Sweepstakes and select the winner from among all eligible entries received prior to such cancellation, termination or suspension. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INTERNET SITES www.hobiecat.com, OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE.
ARTICLE 8. Publication of the current rules
The current rules of the sweepstake are posted on the sponsor’s Facebook page.
ARTICLE 9. Arbitration/Choice of Law: Except where prohibited, entrants agree that(i): any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action; (ii) 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 attorney’s fees; and (iii) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Releasees in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the French Law, without regard for conflicts of law doctrine, and all proceedings shall take place in France.
ARTICLE 10. Winner’s Name: For a list of the winners, send a self-addressed, stamped envelope by October 15, 2014, and received by October 31, 2014 to the “Tequila Sunrise Recycled Sailcloth Bags Giveaway” Online Giveaway: Winner’s Name Request, c/o Hobie Cat Europe, ZI Toulon est, CS60250, 83078 Toulon cedex 9, France.
ARTICLE 11. Removal From Future Sweepstakes Mailings: To have your name and email address removed from Sponsor’s future Sweepstakes mailings, send an email to [email protected] requesting to be unsubscribed.
