1. No purchase or payment is necessary to enter or win. A purchase or payment will not improve your chances of winning. Void where prohibited.
2. Promotion: This sweepstakes begins at 5:00 p.m. (Eastern Time) on December 28, 2011 and ends at 11:59 p.m. (Eastern Time) on January 30, 2012 (“Sweepstakes Period.”)
3. Sponsor: The Sponsor of the Sweepstakes is Bombardier Recreational Products Inc. (BRP), 565 Saint-Joseph Street, Valcourt, Quebec J0E 2L0 Canada. The Administrator of the sweepstakes is WaterTop Agency, 203 E. Melbourne Ave., Melbourne, Florida, 32901. This Sweepstakes in no way sponsored, endorsed or administered by, or associated with Facebook. By submitting an Official Entry Form you understand and acknowledge that you are providing your information to Sponsor and its affiliates and not to Facebook.
4. How to Enter the Sea-Doo Snorkel Kit Facebook Sweepstakes: To enter the Sea-Doo Snorkel Kit Facebook Sweepstakes, you must submit your entry form by visiting Sea-Doo’s Facebook page, “like” Sea-Doo’s Facebook page (if you have not previously liked it), complete the Sweepstakes Official Entry Form and follow the instructions, including providing all mandatory information. Incomplete entries, failure to follow the instructions, procedures and/or these Official Rules shall render the entry invalid.
a. Limit one (1) entry per person. If multiple entries are received from any one person, only the first entry will be considered and subsequent entries will be disqualified. All entries must be actually received by Monday, January 30, 2012 at 11:59 P.M. (Eastern time), regardless of the date or time submitted.
b. No substitutions of Official Entry Forms will be accepted under any circumstances, except as otherwise contemplated in these Official Rules. Proof of submission is not considered proof of delivery or receipt of such entry. Furthermore, Sponsor shall have no liability for any Entry that is lost, intercepted or not received by Sponsor. Sponsor is the official timekeeper for the Sweepstakes. All Official Entry Forms become the property of Sponsor and will not be acknowledged or returned.
5. Eligibility: This Sweepstakes is only open to residents of the Continental United States/District of Columbia and Canada, who are at least eighteen (18) years or older at time of entry. Void in Puerto Rico, the United States Territories and Possessions, elsewhere and where prohibited or restricted by law. Employees of Sponsor, Administrator, WaterTop Agency, and/or any of their parent and affiliate companies as well as their immediate family (e.g., spouse, parents, siblings and children) and household members of each such employee of such entities (collectively, “Sweepstakes Entities”) are ineligible to enter. The Sweepstakes is subject to all applicable federal, state, provincial, territorial, municipal and local laws and regulations. This Sweepstakes is not administered, sponsored, endorsed by or associated with Facebook.
6. Prizes: One (1) winner will be selected to receive two (2) $59.99 Sea-Doo Snorkel Kits, one designed for males and one designed for females. Prize will be delivered only to an address in United States or Canada. No cash alternative or substitution of Prize will be allowed; except Sponsor reserves the right, in its sole discretion to substitute prizes (or portion thereof) with one of comparable or greater value. The Prize is non-transferrable. The winner agrees to accept the Prize “as is”.
7. Information Collected: By submitting an entry, participants acknowledge that any communication or information transmitted to Sponsor or the website by email or otherwise is and will be treated as non-confidential and non-proprietary.
8. Winners: Winner is responsible for reporting and paying any and all income, sales or excise tax that may be applicable to accepting the Prize; Sponsor is not responsible for and will not pay any such taxes. Sponsor will issue a 1099 to the Winner.
9. Odds of Winning: Odds of winning the prize depend on the number of eligible entries received. Many will enter, only one (1) will win. Sponsor cannot accurately predict the number of entries to be submitted in the Sweepstakes.
10. Winner Selection: The winner will be selected, by Sponsor, in a random drawing, to be held on January 31, 2012, from all eligible and qualified entries received in accordance with these Official Rules. The winner will be notified by email or US Mail. If a winner cannot be reached after reasonable effort has been exerted, or if he/she is found to be ineligible or if he/she cannot or does not comply with these Official Rules, the winner may be disqualified and an alternate winner may be selected.
11. Verification of Winner: Prize winner may be required to execute an Affidavit of Eligibility, liability release, W-9 and (where imposing such condition is legal) a publicity release (collectively “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of Prize notification, or such shorter time as exigencies may require, the winner may be disqualified and an alternate winner may be selected.
12. Use of Winner’s Name and Other Personal Information: Except where prohibited by Law, by accepting his/her Prize, the winner grants Sponsor, its parent, subsidiaries or affiliates the universal and perpetual right and license to use, exploit, print, publish, re-produce, display, distribute and broadcast and to grant others the right and license to use, exploit, print, publish, re-produce, display, distribute and broadcast the winners’ name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages, formats and media now known and hereafter developed in connection with Sea-Doo’s Facebook Page, Sea-Doo’s website, the Sweepstakes and/or any Sweepstakes-related activity and any and all advertising, promotion, marketing, and/or publicity thereof including all ancillary and subsidiary rights therein, without additional consideration.
13. Disqualification: Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or, as applicable, the operation of the website or who is otherwise in violation of these Official Rules. Such a person will be prosecuted to the fullest extent of the Law. Sponsor further reserves the right to cancel, terminate, suspend or modify any sweepstakes, game or drawing not capable of completion as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention or technical or other failures of any sort or any other causes beyond the control of Sponsor.
14. Official Rules: This Sweepstakes is subject to these Official Rules which will be available online on the Facebook page and on the Sea-Doo blog (http://www.sea-doo.com/onboard/) during the Sweepstakes Period. By entering the Sweepstakes, participants agree to waive any right to claim any ambiguity or error in these Official Rules of the Sweepstakes, or the Sweepstakes itself and agree to be bound by these Official Rules and by all decisions of the Sponsor, whose decision is binding and final in all respects.
15. Release: By entering, a participant agrees to release, indemnify, and hold harmless Sponsor, its parent, affiliates, subsidiaries, and each of their respective Officers, Directors, Employees, Agents and Representatives from any liability (including without limitation liability for any property loss, damage, personal injury, bodily injury, death, loss, expense, accident, delay, inconvenience or irregularity), cost and expenses (including, without limitation, reasonable outside attorney’s fees and costs) that may arise in connection with: (1) the entrants participation or inability to participate in the Sweepstakes; (2) typographical errors in these Official Rules or any Sweepstakes promotion materials; (3) acceptance or possession, defects in, use, misuse, or inability to use any prize (or any component thereof) (except any product warranty applicable at the time of sale); (4) any change by Sponsor or any other person providing any of the components of a prize due to reasons beyond Sponsor’s control or as otherwise permitted hereunder; (5) any interruption in or postponement, cancellation, or modification of the Sweepstakes; (6) human error; (7) incorrect or inaccurate transcription, receipt or transmission of any part of an entry (including without limitation, the entry information or any part thereof); (8) any technical malfunctions or unavailability of the site, network, computer online system, computer equipment, software or internet service provider utilized by Sponsor or its parent, subsidiaries or affiliates or by any entrants; (9) interruption or inability to access the contest, any contest-related web pages or any online service via the internet due to hardware or software compatibility problems; (10) any damage to entrants (or any third persons) computer or its contents related to or resulting from any part of the contest; (11) any lost or delayed data transmission, omission, interruption, defects, or any other error or malfunction; (12) any wrongful, negligent or unauthorized act or omission on the part of Sponsor, its parent, subsidiaries or affiliates or any of their Agents or Employees; or (13) any other cause, condition or event whatsoever beyond the control of Sponsor, its parent, subsidiary or affiliate. Each winner hereby acknowledged that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in Law, relative to any Prize or component thereof.
16. Disclaimers: If, by reason of any error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims may be included in a random drawing to award the advertised prizes. No more than the advertised number of prizes will be awarded.
17. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants and Sponsor in connection with these Sweepstakes shall be governed by and construed in accordance with the Laws of the State of Florida without giving effect to any choice of Law or conflict of Law Rules or provisions. Any legal claims arising out of or related to this Sweepstakes or these Official Rules must be brought in Federal or State Courts located in Melbourne, Florida.
18. Winner List/Rules: The name of the winner may be obtained after January 31, 2012 and before December 31, 2012 by sending a self-addressed stamped envelope to Sea-Doo Snorkel Kit Sweepstakes, Winner, BRP, C/O WaterTop Agency, 203 E. Melbourne Ave., Melbourne, FL 32901, Attention: J. Arnold. For a copy of the Official Rules, please send a self-addressed, stamped envelope to be received before January 31, 2012 to Sea-Doo Snorkel Kit Sweepstakes, Winner, BRP, C/O WaterTop Agency, 203 E. Melbourne Ave., Melbourne, FL 32901, Attention: J. Arnold.