ELIGIBILITY:The "Win Your Order" Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States or the District of Columbia who are thirteen (13) years of age or older at the time of entry. Employees of Eastbay, Inc. or its affiliated companies or other companies associated with the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations and is void in Puerto Rico and where prohibited by law.
SPONSOR: The Sweepstakes is sponsored by Eastbay, Inc. at 111 South 1st Avenue, Wausau, WI 54401 (the "Sponsor").
AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes an entrant?s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsors, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
ENTRY PERIOD: The Sweepstakes begins at 12:00 a.m. ET on December 9, 2012 and ends at 11:59 p.m. ET on December 10, 2012 (the "Entry Period").
HOW TO ENTER: There are two (2) ways to enter, as set forth below. There is a limit of one (1) entry per person and e-mail address, regardless of method of entry. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.
PLACE AN ORDER - Visit www.eastbay.com and place an order for an automatic entry into the Sweepstakes.
ONLINE ENTRY - Visit www.eastbay.com and follow the instructions to complete an online entry form. Once you submit the entry form, you will receive one (1) entry.
DRAWING: On or about December 14th 2012, the Sponsor will select fifty (50) potential winners in a random drawing of all entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify potential winners within ten (10) days of the drawing. If any of the potential winners cannot be contacted within ten (10) days after the first attempt to contact him/her, the Sponsor will select an alternate potential winner in his/her place at random from all entries received.
REQUIREMENTS OF THE POTENTIAL WINNERS: Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") within ten (10) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received on the relevant Day. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the Affidavit/Release on the potential winner?s behalf.
PRIZES: Fifty (50) winners will each receive the amount of their order refunded, up to a maximum value of $1,000, subject to the following conditions: (a) if a winner is one of the online entries that did not place an order, the prize will be a check in the amount of the average order value of all winners that placed orders; (b) if a winner cancelled an order prior to payment being made, the prize will be a check in the amount of the average order value of all winners that placed orders; (c) if a winner?s total order is greater than $1,000, $1,000 will be refunded; and (d) if a winner places multiple orders during the Entry Period, the prize will be a refund of the amount of the largest order placed, up to $1,000, and if that total order is greater than $1,000, $1,000 will be refunded. The prize will be a credit back to the payment method used or by check if the Sponsor is unable to issue the credit to the payment method used, or if no payment method was used to enter. The maximum Approximate Retail Value is $50,000 for all prizes. Any prize details not specified above will be determined by the Sponsor in its sole discretion. The prizes are not transferable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for taxes any and all other costs and expenses not listed above.
GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor and/or the Administrator may, in their sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserve 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 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, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The "authorized account holder" is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted e-mail address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, its related companies, and their respective officers, directors, employees, and agents (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) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant?s participation in the Sweepstakes or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties? liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney?s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DISPUTES: Except where prohibited, entrant agrees that 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 New York. 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 the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
SWEEPSTAKES RESULTS: To obtain a list of winners, send a self-addressed, stamped envelope to "Win Your Order" Winner List at 111 South 1st Avenue, Wausau, WI 54401. Requests must be received within four (4) weeks of the conclusion of the Entry Period.