Official Sweepstakes Rules:
1. Introduction: Sierra Trading Post is offering the Anniversary Sweepstakes. NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. THE SWEEPSTAKES IS VOID WHERE PROHIBITED AND IN THE STATES OF FLORIDA AND NEW YORK. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
2. Eligibility: Entrant must be 18 years of age or older as of July 8, 2014 and a resident of the fifty (50) United States or the District of Columbia, excluding New York and Florida. Void where prohibited and in New York and Florida. Employees of Sponsor, the Sponsor’s parent, subsidiaries, affiliated companies, and agents and the immediate family (defined as parents, spouse, children, siblings, grandparents) of employees, and all those with whom such employees are domiciled, are NOT eligible.
3. Timing: Sweepstakes begins at 12:00:00 a.m. (MDT), July 8, 2014 and ends at 11:59:59 p.m. (MDT) online or at close in the Retail Stores, July 21, 2014 (“Sweepstakes Period”).
4. Sponsor: The Sponsor of this Sweepstakes is Sierra Trading Post, Inc. (“Sponsor” or “STP”), 5025 Campstool Rd., Cheyenne, WY 82007.
6. How to Enter: Individuals may enter the sweepstakes by visiting the entry page and fill in the required entry information online, at a Retail Store kiosk and/or fill out the required entry information through the Facebook application. An entry form must be filled out completely to be valid. Duplicate entries from any person or email address within a 24-hour period on any of the Facebook, online or retail store kiosk entry forms will be removed. One entry from each form (online, Facebook, retail kiosk) will be accepted daily. A single entry form is valid for the entire Sweepstakes period.
7. Drawing: The Sweepstakes will have 23 winners (23) winners. Any entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements. The potential winners will be selected by a random drawing from all eligible entries received during the Sweepstakes Period. Drawing will be conducted at the end of the Sweepstakes Period by Sierra Trading Post, Inc. (or its designee), whose decisions are final and binding in all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Potential winners will be notified by email sometime after July 21, 2014. If the first potential winner does not respond to notification attempts within seven (7) days after the initial attempt to contact such potential winner, an alternate entrant may be selected at random from all remaining eligible entries received, at the sole discretion of Sponsor, to take his or her place.
8. Prizes: Sierra Trading Post is giving multiple prize packages. Approximate retail value (“ARV”) of the prizes total $7,000.00. Prizes are as follows:
Sierra Trading Post eGift Cards: One (1) winner will receive a $500 eGift Card; One (1) winner will receive a $250 eGift Card; Two (2) winners will each receive a $100 eGift Card; and Five (5) winners will each receive a $50 eGift Card.
Sunglasses Package: Five (5) winners will each receive a $150 eGift Card to use toward their choice of sunglasses.
Footwear Package: Five (5) winners will each receive a $150 eGift Card to use toward their choice of footwear.
Two (2) winners will each receive a 16GB iPad® Air with Wi-Fi (ARV: $499 each).
Camping Package: One (1) winner will receive a camping package which includes: one Mountain Hardwear Tent, two Therm-a-Rest Air mattresses, two Marmot sleeping bags, one Mountainsmith modular hauler 3, two Princeton headlamps, two ALPS Mountaineering camp chairs, one Texsport stove and one Texsport mess kit (Package ARV: $1,703.71).
Watersport Package one (1) winner will choose between the following three packages:
a. Canoe Package: Includes one Mad River Canoe, two Sawyer Canoe Paddles and two Extrasport Life Jackets (Package ARV: $1,648.96).
b. Towable Package: Includes one O’Brien towable tube, one CWB Board Co. wakeboard and two Extrasport Life Jackets (Package ARV: $1,069.93)
c. Stand Up Paddleboard (SUP) Package: one Starboard paddleboard, one Kialoa paddle and two Extrasport life jackets (Package ARV: $1,697.98).
Prizes are nontransferable and must be accepted as awarded. Prizes cannot be returned or exchanged for credit at Sierra Trading Post. No cash or other substitution may be made. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. The potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, Tax Documents 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 five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
9. General Liability Release: ALL ENTRANTS AGREE THAT SPONSOR, ITS PARENT, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, (COLLECTIVELY, THE “RELEASED PARTIES”) AND FACEBOOK, SHALL NOT BE RESPONSIBLE FOR, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY ENTRANT FOR ANY AND ALL COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND , INCLUDING, WITHOUT LIMITATION, DEATH AND BODILY INJURY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY. The Sweepstakes is subject to all federal, state and local laws. Entrants agree that the Released Parties have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
10. Miscellaneous: All entries become the sole property of Sponsor and none will be returned. In the event of a dispute, entries submitted via the Internet will be deemed made by the authorized account holder of the email address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person's computer related to or resulting from participation or downloading any materials in the Sweepstakes. Sponsor is not responsible for late, lost, postage-due, interrupted, illegible, incomplete, stolen, or misdirected entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process, the website or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. Entrant agrees that: (i) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with the Sweepstakes 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 prize in dispute but in no event attorneys’ 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 of the prize in dispute, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Wyoming, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Entrants consent to the exclusive jurisdiction and venue of the appropriate state or federal court situated Cheyenne, Wyoming.
12. Arbitration Provision: By participating in this Sweepstakes, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Cheyenne, Wyoming; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Wyoming law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com.
13. For the names of the winners, after the conclusion of the Sweepstakes send a self-addressed, stamped envelope to:
Winner Request: Anniversary Sweepstakes ‘14
Sierra Trading Post
5025 Campstool Rd.
Cheyenne, WY 82007