Garmin vivomove Giveaway Rules

Garmin vivomove Giveaway Rules

OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.  MUST BE 18 YEARS OF AGE OR OLDER TO ENTER.  VOID WHERE PROHIBITED BY LAW.
1.      ELIGIBILITY:  The Sweepstakes is open only to individuals who are legal residents of the 50 United States (excluding Puerto Rico residents) or the District of Columbia, are 18 years of age or older at the time of entry and who are followers of @Garmin on www.instagram.com.  Employees and their immediate families of Garmin International, Inc. (“Garmin”) and any of Garmin’s affiliated companies are not eligible.  The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
2.     AGREEMENT TO OFFICIAL RULES:  Entry in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Garmin, which are final and binding.  Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
3.     SPONSOR:  Garmin, located at 1200 East 151st Street, Olathe, Kansas 66062, is the sole sponsor of this promotion.  The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
4.     SWEEPSTAKES TERM:  The Sweepstakes begins at 12:00 p.m. Central Time (“CT”) Tuesday, September 20, 2016 and will continue until 12:00 p.m. Central Time (“CT”) on Friday, September 23, 2016, or such shorter or longer period as Garmin determines in its sole discretion (the “Sweepstakes Term”).  Entries received prior to or after the Sweepstakes Term will be disqualified.  Garmin is the official timekeeper for the Sweepstakes Term, and all timekeeping decisions of Garmin shall be final.
5.     ENTRY:  NO PURCHASE NECESSARY TO ENTER OR WIN.  Eligible persons may enter the Sweepstakes each day of the Sweepstakes Term by each of the following methods: following the @Garmin Instagram page, liking the image featuring the vivomove and the contest and commenting below the image featuring the contest by tagging a friend. One entry can be made on Instagram on each photo featuring the vivomove and contest. In addition to entering the Sweepstakes by the social media method, eligible persons may also enter the Sweepstakes by submitting an e-mail to social.fitness@garmin.com with the subject line stating “Vivomove”. Entrants using this alternate method of entry must provide their age, physical mailing address, and phone number in their email entry.  Entrants using this alternate method of entry may enter the Sweepstakes once a day during the Sweepstakes Term. Entries will not be acknowledged. Garmin and its affiliates assume no responsibility for any lost entries or any computer, internet, or technical malfunctions that might occur during the entry process.  Normal Internet access and usage charges imposed by your online service will apply.
In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to set up the Instagram account from which the entry was received, or in the case of the alternate means of entry, the email address from which entry was received, will be deemed to be the entrant.  Potential winners may be required to show proof of being the authorized account holder of the Instagram account associated with the entry.
6.     ENTRY LIMITATIONS:  Eligible participants are limited to a total of one entry per photo in the Sweepstakes as described in Section 5. Each eligible participant may enter under one Instagram account or, in the case of the alternate means of entry, one email address only. Entries using automated means to generate entries, or otherwise participate are not eligible.  Use of any automated system to enter as determined by Garmin in its sole judgment is prohibited and will result in disqualification at Garmin’s sole discretion.  Additionally, anyone found to use multiple Instagram accounts to enter will be disqualified from all participation in the Sweepstakes.  ALL ELIGIBLE ENTRIES WILL BE ENTERED INTO THE SWEEPSTAKES.  Entries by any method other than set forth in Section 5 are void.  Garmin is not responsible for entries that it does not receive for any reason, or for entries that it receives but are ineligible under these Official Rules.  Garmin will automatically disqualify: (1) any incomplete or illegible entry; and (2) any entries received that are in excess of the entry limit described above.
7.     PRIZE: One prize (the “Prize”) will be awarded at the conclusion of the Sweepstakes Term consisting of a Garmin vivomove watch of the winner’s choice. The Prize has a maximum approximate retail value of $299.99. The Prize is nontransferable and non-refundable and must be accepted as awarded.  No cash or other substitution may be made, except by Garmin, who reserves the right to substitute the Prize with another prize of equal or greater value if the Prize is not available for any reason as determined by Garmin in its sole discretion.  Winners are responsible for any taxes associated with receipt of the Prize.
8.     DRAWING:  The potential winner of the Prize will be chosen in a random drawing from the pool of valid entries for the Sweepstakes Term at 12:00 PM CT on September 23, 2016.  Odds of winning depend on the number of eligible entries received during the Sweepstakes Term.  The random drawings will be conducted by one or more employees of Garmin or an independent fulfillment entity.
9.     NOTIFICATION OF POTENTIAL WINNERS:  Garmin will attempt to notify the potential winner via Instagram message (or in the event of a alternate means of entry potential winner, by email) immediately after the drawing.  If a winner of the Prize cannot be located or does not respond by 12:00 PM CT on Monday, September 26, 2016, the Prize may be forfeited and an alternate potential winner will be drawn from the pool of remaining valid entries.  Alternate potential winners will be notified via Instagram message (or in the event of a alternate means of entry potential winner, by email). Garmin and its affiliates, or their respective officers, directors, employees, representatives and agents, will not be liable for unsuccessful efforts to notify a winner.
10.  REQUIREMENTS OF THE POTENTIAL WINNERS:  Except where prohibited by law, each potential winner may be required to complete and return an affidavit of eligibility (the “Affidavit”) within 2 days of being notified.  If a potential winner fails to sign and return the Affidavit postmarked within the required time period, an alternate entrant may be selected in his/her place from all of the remaining valid entries received for the Sweepstakes Term.  If a potential winner declines a Prize, does not respond to the Prize notification, fails to claim the Prize, is unavailable Prize fulfillment, fails to abide by the Official Rules, or is ineligible, Garmin may select an alternate winner for that Prize from all remaining valid entries received for the Sweepstakes Term.
11.  PRIVACY:  Garmin will be collecting personal data from the entrants and potential winners in order to confirm Sweepstakes eligibility.  Garmin will treat this data in accordance with its privacy policy, located athttp://www.garmin.com/privacy/.  In addition, Garmin may use and share an entrant’s personal data with third parties solely to the extent necessary to fulfill its obligation to administer and sponsor this Sweepstakes. All information provided is being provided solely to Garmin, and not to Instagram.
12.  GENERAL CONDITIONS:  Garmin reserves the right to cancel, suspend, and/or modify the Sweepstakes if any fraud, virus, or other technical problem corrupts the administration, security, or proper play of the Sweepstakes, as determined by Garmin in its sole discretion.  The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification, entry or like sites or services that offer sweepstakes entry services “on behalf of” entrant) is strictly prohibited.  In such event, Garmin reserves the right to award the Prize at random from among the valid entries received up to the time of the impairment.  Garmin reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Any false information provided by any entrant concerning his/her identify or mailing address or any non-compliance by an entrant with these Official Rules may result in the immediate disqualification of the entrant from this Sweepstakes.  ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, GARMIN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Garmin’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13.  PUBLICITY:  Notwithstanding any other term herein, except where prohibited by law, submission of any entry constitutes the entrant’s consent to use of his/her name, likeness, voice, state of residence, biographical and prize information, statements about the promotion and/or the entrant’s photo for advertising and promotional purposes in any media now known or hereafter devised without review, notification, approval or compensation.
14.  LIMITATIONS OF LIABILITY:  By participating in the Sweepstakes, each entrant agrees to release and hold harmless Garmin and its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents, and Instagram (the “Released Parties”), from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including but not limited to: (a) any inaccurate information, whether caused by entrants or printer errors; (b) unauthorized human intervention in any part of the Sweepstakes; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any website, network, hardware or software; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries or winners; or (e) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in party, from the entrant’s participation in the Sweepstakes or receipt of any prize.  Without limiting the foregoing, everything in these Rules and in this promotion, including the prizes awarded (other than Garmin’s Standard Limited Warranty), is provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.  Some jurisdictions may not allow the limitations or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to ALL ENTRANTS.  EACH ENTRANT SHOULD check HIS/HER local laws for any restrictions or limitations regarding these limitations or exclusions.
15.  DISPUTES:  Except where prohibited by law, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Kansas; and (b) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages, including attorney’s fees.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Garmin in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kansas.
WINNERS LIST: Interested persons can obtain a list of the Sweepstakes winner(s) and a copy these Official Rules by sending a self-addressed, stamped envelope to Garmin International, Inc., Attn:  Social Media Department, 1200 East 151st Street, Olathe, Kansas 66062.

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