Official Rules of the Rusty-Matt & Kim Speaker Fleece Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. Making a purchase will not improve your chance of winning. This sweepstakes is open only to natural persons who are legal residents of the United States of America and who are at least 18 years of age at the time of entry. By entering this sweepstakes, you are accepting the term of these Official Rules. The Rusty-Matt & Kim Speaker Fleece Giveaway (“Sweepstakes”) is void where prohibited by law.
SPONSOR and ADMINISTRATOR: The Sponsor of the Sweepstakes is Rusty Licensing, Inc., dba ‘Rusty North America’, Pacsun, and Matt & Kim, Inc. (collectively, “Sponsors”). The administrator of the Sweepstakes is Rusty Licensing, Inc., dba ‘Rusty North America’ (“Administrator”). Sponsor and Administrator are collectively referred to herein as “Sweepstakes Entities.” Administrator will conduct the Sweepstakes substantially as described in these Official Rules. By participating in the Sweepstakes each entrant agrees as follows:
ENTRY PERIOD: The Sweepstakes begins at 12:01 PM PT on October 15, 2012 and ends at 12:00 PM PT on October 31, 2012.
METHOD OF ENTRY: Enter via Internet by going to the Sweepstakes registration page located at www.rusty.com (the “Website”) and complete the registration form. You will be asked to provide basic contact information, including your name, age, mailing address, email address and telephone number. Entrants must be the registered subscriber of the email account from which the entry is made.
One entry per valid email address will be entered into the Sweepstakes. Although subsequent attempts to enter may be received, only entrant’s first entry during the specified Sweepstakes entry period will count. No third party entry or entry through sweepstakes service permitted. All entries become the property of the Administrator and none will be acknowledged or returned. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Administrator, will be disqualified. All entries become the property of Sponsor and Administrator, and none will be acknowledged or returned.
If, in the Administrator’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, and/or the Sweepstakes is not capable of being conducted as described in these Official Rules, Sweepstakes Entities shall have the right, at their sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Sweepstakes, and conduct a random drawing to select the prize winners from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by Sweepstakes Entities. If the Sweepstakes is cancelled, modified, suspended or terminated, notice will be posted on the Website. Sweepstakes Entities reserve the right to prosecute any fraudulent entries to the fullest extent of the law. At the Sweepstakes Entities’ sole discretion, Sweepstakes winners and their guests may be disqualified at any time.
ELIGIBILITY: The Sweepstakes is open only to natural persons who are legal residents of the United States of America and who are 18 years of age or older at the time of entry. Sweepstakes may only be entered from and in eligible jurisdictions. Sweepstakes Entities and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Sweepstakes including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate. In the event of a dispute as to the identity of an entrant, entry will be declared made by the registered account holder submitted at the time of entry. The registered account holder is deemed to be the natural person who is (i) assigned the submitted telephone number by a telephone company or wireless service provider that is responsible for assigning wireless phone numbers for the telephone exchange associated with the submitted telephone number, or (ii) assigned the submitted e-mail address by the relevant Internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to any winning entry, the winner may be required to provide Administrator with proof that the person is the registered account holder of the e-mail address associated with the winning entry. By entering the Sweepstakes, entrants agree to comply with and be bound by these Official Rules and the decisions of the judges which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes.
PRIZES: Grand Prize: One (1) Matt & Kim signed Rusty Surfboard. Two (2) tickets to the nearest Matt & Kim concert location of winner. Two (2) First Runner Up Prizes: Two (2) tickets to the nearest Matt & Kim concert location of winner. One (1) $100.00 retail Rusty product package. Four (4) Second Runner Up Prizes: One (1) Rusty t-shirt and one (1) Rusty hat.
There will be only one prize per winner. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and all additional expenses including, without limitation, travel expenses, if any, are the sole responsibility of winner. Prizes may not be transferred or assigned except to a surviving spouse living in the same household. Only listed prizes will be awarded and no substitutions or cash equivalents or redemption will be made, except that Administrator reserves the right to award a prize of equal or greater financial value if any advertised prize (or any component thereof) becomes unavailable. Prize cannot be used in conjunction with any other promotion or offer. Winners agree to accept the prize “as is,” and entrants hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize.
Any valuation of the prize(s) stated above is based on available information provided to Administrator and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes, fees, and costs. Each winner must provide Administrator with a valid taxpayer identification number or social security number before any prize will be awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize.
SELECTION OF WINNERS: Winners will be selected on or about November 2, 2012, in a random drawing from among all eligible entries received. The drawing will be conducted by Administrator, whose decisions and interpretations on all matters relating to the Sweepstakes and these Official Rules are final and binding in all respects. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means. Odds of winning a prize depend on the number of eligible entries received. Potential winners will be notified by telephone and/or e-mail and must meet all eligibility requirements. Return of a prize or prize notification as undeliverable, or inability of Administrator to contact a potential winner by telephone or e-mail within forty-eight (48) hours of selection, may result in disqualification of such potential winner, and an alternate winner may be selected by random drawing at Administrator’s discretion. In the event a winner declines a prize, Administrator may, at its discretion, select an alternate winner by random drawing.
Winners will be required to complete, sign, notarize and return an affidavit of eligibility/liability release/publicity release, which must be returned, properly executed, within fourteen (14) days of issuance of prize notification. If the winner is under eighteen (18) years of age, the affidavit of eligibility/liability release/publicity release must be executed by both the winner and one (1) or both, depending upon the state of residence of the winner, parents or legal guardians. If these documents are not returned properly executed, or are returned to Administrator as undeliverable, or if any given prize winner does not otherwise comply with the Officials Rules, the prize will be forfeited and awarded to an alternate winner.
GENERAL CONDITIONS: The Sweepstakes is void where prohibited by law and is governed by the laws of the United States of America. The submission of an entry is solely the responsibility of the entrant. Only eligible entries actually received by 12:00 PM PT on October 31, 2012, during the specified Sweepstakes entry period, will be included in the prize drawing. For purposes of these Official Rules, “receipt” of an online entry occurs when Administrator’s servers record the entry information upon entrant’s clicking on the “Enter” button or when the Administrator receives the entrant’s first entry form at the address above. Any automated computer receipt (such as one confirming delivery of e-mail) does not constitute proof of actual receipt by Administrator of an entry for purposes of these Official Rules. Sweepstakes Entities and their respective parents, subsidiaries and affiliates are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected or ineligible entries, which will be disqualified, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Sweepstakes. ANY PERSON ATTEMPTING TO DEFRAUD ADMINISTRATOR OR SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
LIMITATION OF LIABILITY & RELEASE: By participating in the Sweepstakes, entrants agree to indemnify and hold harmless the Sweepstakes Entities, Pacsun, Matt & Kim, Inc., La Jolla Group, Inc., and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, “Releasees”) from and against any and all injuries, losses, damages, claims, and actions of any kind arising from or relating to participation in the Sweepstakes, or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages. IN NO EVENT WILL THE SWEEPSTAKES 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 SWEEPTSTAKES . WITHOUT LIMITING THE FOREGOING, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
OFFICIAL RULES: For a copy of the Official Rules, mail a self-addressed stamped envelope by first class mail to Rusty North America Sweepstakes Administrator, 14350 Myford Road, Irvine, CA 92606. Sweepstakes entrants are hereby authorized to copy these official rules on the condition that it will be for their personal use and not for any commercial purpose whatsoever.
WINNER’S LIST: A winner’s list is available only within sixty (60) days after the close of the Sweepstakes. Mail request to Rusty Sweepstakes Winners, 14350 Myford Road, Irvine, CA 92606. In order to obtain a winner’s list, where permitted by law, send a self-addressed, stamped envelope (residents of Vermont are not required to include a self-addressed, stamped envelope with their request for a winner’s list).
MISCELLANEOUS: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sweepstakes Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of California without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Venue for the disposition of any legal action that may arise out of a claim relating to the Sweepstakes shall be proper in the Southern District for the State of California. The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or Sweepstakes Entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or Sweepstakes Entity or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.