NO DONATION, PURCHASE, OR PAYMENT IS NECESSARY TO ENTER OR WIN. YOUR CHANCES OF WINNING DO NOT INCREASE WITH A DONATION. VOID WHERE PROHIBITED. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM.
THESE RULES INCLUDE AN ARBITRATION PROVISION.
Entry Instructions.
There are two (2) ways to enter:
(1) During the Promotion Period (defined below), (i) make a donation of $25.00 or more to Coral Reef Alliance (“Sponsor”) at coral.org/wod-23 and (ii) follow CORAL on Facebook or Instagram and GILI Sports on Instagram.
Or
(2) During the Promotion Period (defined below), (i) mail a postcard including your name and email, which must be postmarked by June 8, 2023, and (ii) follow CORAL and GILI Sports on Facebook and Instagram. A minimum donation is requested. Free entries defeat the charitable fundraising purpose of this event and are not encouraged.
Limit: one (1) entry per person and email address, regardless of the method of entry used. MULTIPLE DONATIONS WILL NOT IMPROVE THE CHANCES OF WINNING.
Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any participant, the authorized account holder of the email address associated with the entry will be deemed to be the participant. The “authorized account holder” is the natural person assigned 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 address. Each potential winner may be required to show proof of being the authorized account holder. Sponsor will make final determination of identity of participants in its sole discretion.
Promotion Period. This Promotion begins on June 1, 2023 at 12:01 am Pacific Time and ends on June 9, 2023 at 6:00 am Pacific Time (the “Promotion Period”). Sponsor’s donation processing system is the official time-keeping device for the Promotion. All entries must be received during the dates and times specified in the Promotion Period. Odds of winning a prize depend on the number of eligible entries received. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
Eligibility: In order to be eligible, at the time of entry, participants must be (i) at least eighteen (18) years of age or older and the age of majority in their jurisdiction of residence; and (ii) a legal resident of the United States, or Washington, D.C. Employees of Sponsor and GILI Sports and its parent and affiliate companies as well as immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible.
Prize. First Prize (entered to win with at least a $100 donation or designation of the First Prize with the non-donation method of entry): One (1) winner will receive a stand-up paddleboard package including a 15’ Teal Manta Ray Paddle Board (4-6 person SUP), Electric iSUP Pump, Portable Electric Battery, Waterproof Speaker, SUP Anchor, Waterproof backpack, Dry bag (approximate retail value or “ARV”: $1,800 USD).
Second Prize (entered to win with at least $50 donation or designation of the Second Prize with the non-donation method of entry): One (1) winner will receive a stand-up paddleboard package including a 10’6 Meno Blue/Teal Paddle Board, Electric iSUP Pump, Waterproof backpack, Dry Bag, Cooler Deck Bag (ARV: $1,200 USD).
Third Prize (entered to win with at least a $25 donation): One (1) winner will receive a stand-up paddleboard package including a 10’6 AIR Paddle Board in Teal, Dry Bag, Cooler Deck Bag (ARV: $900 USD).
The total ARV of all prizes is $3,900. No cash or other substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with another of comparable or greater value. Winner is responsible for all taxes associated with prize receipt or use and will be required to provide a Social Security number for tax reporting purposes.
Drawing & Requirements of Potential Winners: The potential winners will be selected by a random-chance drawing from among all eligible Entries received. The random drawing will be conducted within two (2) weeks after the Promotion Period and postmark deadline for non-donation entries by Sponsor or its designated representatives, whose decisions are final.
Each potential winner will be notified by email at the email address provided approximately seven (7) days after the random drawing. If a potential winner cannot be contacted within five (5) business days of the first attempt to contact them, an alternate potential winner will be selected in their place. Except where prohibited, each potential winner must complete and return an affidavit/release of eligibility and liability/publicity release (the “Affidavit/Release”) within five (5) business days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, if notification or prize is returned as undeliverable, or if Sponsor determines in its sole discretion that a potential winner is ineligible, an alternate entrant will be selected in their place from among remaining eligible entries. Unless prohibited by law, acceptance of a prize constitutes permission for Sponsor to use the winner’s name, picture, likeness, city and state, and comments about the Promotion, Sponsor, or prize, for advertising and publicity purposes, worldwide, without further notice or compensation.
Sponsor is not responsible for any delay or failure to receive notification or other Promotion-related communications for any reason, including inactive email account(s), technical difficulties associated therewith, or a potential winners or winner’s failure to adequately monitor any email account. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture.
Conditions of Participation. By submitting an entry for this Promotion, you fully and unconditionally agree to these Official Rules and any decision Sponsor makes regarding this Promotion, which Sponsor shall make in its sole discretion and which is final and binding. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor, Sponsor’s site, the entry process, intentionally submits more than a single entry, violates these rules, or acts in an unsportsmanlike or disruptive manner.
Disclaimer, Release and Limit of Liability. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH PARTICIPANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND FACEBOOK AND INSTAGRAM, AND EACH OF THEIR RESPECTIVE PARENT AND RELATED COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES, NETWORK HARDWARE OR SOFTWARE, OR COMMUNICATIONS; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM PARTICIPANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE; OR (6) CLAIMS BASED ON DEFAMATION OR ON THE RIGHTS OF PUBLICITY OR PRIVACY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
General Conditions. The Promotion is subject to all applicable federal, state, and local laws and is void where prohibited. If for any reason a participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Promotion. In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, Sponsor may, at its sole discretion, suspend, modify, and/or cancel the Promotion and, if feasible, select potential winners from among all eligible, salvageable, and non-suspect entries received on or before the termination date. Inclusion in such a drawing will be each participant’s sole and exclusive remedy under such circumstances. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Privacy and Use of Promotion Information. Sponsor will use any information collected in connection with the Promotion in accordance with its privacy policy, which may be found at http: www.coral.org/privacy-policy/.
GOVERNING LAW AND DISPUTES: THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES, AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF ALAMEDA, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF ALAMEDA, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
List of Winners. Individuals may request the names of the winners by submitting a self-addressed stamped envelope prior to July 13, 2023 to Coral Reef Alliance Attn. WOD Giveaway Coral Reef Alliance, 548 Market Street, Suite 29802, San Francisco, CA 94104-5401.
Sponsor. Sponsor of this Promotion is Coral Reef Alliance, 548 Market Street, Suite 29802, San Francisco, CA 94104-5401.