ACTIVE.com Advantage December Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT AFFECT YOUR CHANCES OF WINNING. MUST BE A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES (EXCLUDING RHODE ISLAND) OR WASHINGTON D.C., 18 YEARS OLD AND AGE OF MAJORITY OR OLDER, IN STATE OF RESIDENCE, AT DATE OF ENTRY INTO THE SWEEPSTAKES. ENTRY IN THE SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.

  1. DESCRIPTION OF THE SWEEPSTAKES: This sweepstakes (the “Sweepstakes”) will accept entries from December 1, 2014, 12:00 AM PT through December 31, 2014 11:59 PM PT (“Sweepstakes Period”). The Sponsor’s computer system is the official time-keeping device for the Sweepstakes. A total of one hundred and six (106) prizes will be awarded, limit of one (1) prize per person during the Sweepstakes Period. Limit of one (1) entry per person during the Sweepstakes Period. Odds of winning shall depend on the number of eligible entries received during the Sweepstakes Period.
  2. SPONSOR: The Sweepstakes is being sponsored and administered by Active Network LLC, 10182 Telesis Court, San Diego, CA 92121 (the “Sponsor”).
  3. ELIGIBILITY: The Sweepstakes is ONLY open to legal residents of the United States (except residents of Rhode Island) and Washington, D.C. who are at least 18 years of age or older at time of entry and the age of majority in entrant’s state of residence as of the date of entry to the Sweepstakes, except any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within the past 6 months from the start of the Sweepstakes Period, held employment with or performed services for the Sponsor, or a subsidiary, affiliate or successor company of the Sponsor (as applicable), and immediate family members or members of the same households (parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, whether related or not) of such persons at any time during the Sweepstakes Period. The Sweepstakes may only be entered from and in eligible jurisdictions. Void where prohibited by law.
  4. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. Winning a prize is contingent upon fulfilling, as determined by the Sponsor, all requirements set forth herein.
  5. HOW TO ENTER: During the Sweepstakes Period ACTIVE.com Advantage Members may go to: http://advantage.ACTIVE.com/giveaways/ (the “Site”) and login to enter the Sweepstakes through the online submission form. All required fields on the online entry form must be completed. Entrants must be the registered subscriber of the email account from which the entry is made. Alternatively, anyone can send a self-addressed, stamped envelope with a request for a Sweepstakes entry form to: ACTIVE.com Advantage October Sweepstakes, c/o Active Network LLC, 10182 Telesis Court, Dept. 1107, San Diego, CA 92121 for receipt by December 22, 2014.

    Incomplete entries will not be accepted and will be automatically rejected. There is a limit of one (1) entry per individual regardless as to the method of entry. Additional entries received from any individual beyond the first entry received from that individual will be void. Entries generated by script, macro or other automated means and entries by any means which, in the opinion of the Sponsor, are intended to subvert the entry process will be void. All entries and any requested information or forms become the property of the Sponsor, and none will be acknowledged or returned.

    No third party entry or entry through Sweepstakes service permitted. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, multiple email accounts, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor, will be disqualified. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, and/or the Sweepstakes is not capable of being conducted as described in these Official Rules, the Sponsor shall have the right, at its sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend the Sweepstakes, and conduct a random drawing to select the prize winner from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by the Sponsor. If the Sweepstakes is cancelled, modified, suspended or terminated, notice will be posted on the Site. The Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. At the Sponsor’s sole discretion, Sweepstakes winner may be disqualified at any time.
  6. WINNER SELECTION/NOTIFICATION: one hundred and six (106) random drawings (the “Drawings”) will be conducted at the conclusion of the Sweepstakes Period. Drawing Date: The Drawing Date is January 1, 2015 at 2:00 pm PT. The Drawings will be conducted using a software program to randomly select the winners from the total amount of submitted entries at 10182 Telesis Court, San Diego, CA 92121. The potential prize winners will be contacted via email and/or certified mail within five (5) business days of the Drawings. The potential prize winners will be subject to final verification by the Sponsor. The Sponsor’s decision with respect to the prize winner and other matters pertaining to the Sweepstakes shall be final and binding without any right of appeal. Prize winner will be required to provide proof of age and eligibility, within ten (10) days of receipt of prize notification. If a potential winner is unable to be contacted or if a winner fails to complete and return all requested information by the specified date or if a winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate winner shall be selected. By entering into the Sweepstakes, all entrants grant the Sponsor and its designee a perpetual, worldwide, royalty-free license to use, broadcast, publish and otherwise use entrant’s name, photograph, image, likeness, biography, voice, address of residence, statements regarding the Sweepstakes, and/or video for advertising, promotional and/or any other purpose in any and all media now or hereafter devised worldwide in perpetuity without additional compensation, notification or permission, unless prohibited by law. The odds of winning a prize depend upon the number of eligible entries received.
  7. PRIZES:

    A total of one hundred and six (106) prizes will be awarded. There will be only one prize per winner. Each winner will receive one (1) prize from the following list of prizes:

    • $10 GearUp gift certificates - 15 certificates to be awarded for a total retail value of $150
    • $50 Restaurant.com gift certificates - 25 certificates to be awarded for a total retail value of $1,250
    • $25 Coleman gift cards - 4 cards to be awarded for a total retail value of $100
    • $25 Gander Mountain gift cards – 5 cards will be awarded for a total retail value of $125
    • $25 iTunes gift cards – 5 cards will be awarded for a total retail value of $125
    • Black Diamond Orbit Lantern, value $17.95– 4 will be awarded for a total retail value of $71.80
    • Eton BoostTurbine 2000 External Battery Pack, value $24.45 – 4 will be awarded for a total retail value of $97.80
    • Garmin Forerunner 910XT HRM Watch, value $399.95 - 4 will be awarded for a total retail value of $1599.80
    • Kaenon Kanvas Sunglasses, value $49.95 - 4 will be awarded for a total retail value of $199.80
    • LAS Cronometro Helmet, value $149.95 - 4 will be awarded for a total retail value of $599.80
    • Sable WaterOptics RS 922 Goggles, value $16.87 - 10 will be awarded for a total retail value of $168.70
    • Ultimate Direction Access, value $17.45 - 6 will be awarded for a total retail value of $104.70
    • UltrAspire UltrAviz Spry, value $32.95 - 4 will be awarded for a total retail value of $131.80
    • X-1 Audio Trax Custom Fit Sport Headphones, value $19.95 - 6 will be awarded for a total retail value of $119.70
    • Yoga Rat RatMat Pro, value $25.95 - 6 will be awarded for a total retail value of $155.70

    The approximate aggregate retail value of all the prize is $4,999.60. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners will be responsible for all taxes (federal, state, local and/or income).

    Lost or stolen prize will not be replaced. No assignment, transfer, conversion to cash or cash redemption or substitution of the prize is permitted, except the Sponsor reserves the right to substitute the prize with a prize of comparable or greater value should the prize become unavailable. The prize is solely for personal use and may not be used in conjunction with any other promotion. All prize details are at the sole discretion of the Sponsor. Other restrictions apply. The winners agree to accept the prize “as is”, and entrants hereby acknowledge that the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Each entrant acknowledges that the Sponsor shall not be required under any circumstances to award more prizes than the number of available prizes as set out in these Official Rules.

  8. GENERAL CONDITIONS: By entering, entrants warrant and represent that entrants agree to be bound by these Official Rules (including all eligibility requirements) and the decisions of the Sponsor and Sponsor’s appointed agents, which shall be final and binding in all respects. By entering into the Sweepstakes, each entrant agrees to release, discharge and forever hold harmless any and all claims against the Sponsor and its affiliates (including without limitation its parent, sister and subsidiary companies, partnerships and other commercial entities), its advertising and promotion agencies and any other person directly connected with the production and distribution of or the supply of goods or services in connection with the Sweepstakes (collectively, with the Sponsor, hereinafter referred to as the “Released Parties”) and their respective shareholders, from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in the Sweepstakes, compliance or non-compliance with these Official Rules and the delivery, non-delivery, acceptance, use, misuse or non-use of the prize and, if selected as a potential winner, to sign and deliver any requested information or form before receiving his/her prize.

    The Released Parties are not responsible or liable for:

    (a) any incorrect or inaccurate information, whether caused by entrants, non-authorized human intervention, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes;

    (b) technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, network hardware or software, cable, satellite, cellular tower, or Internet service provider;

    (c) bugs, viruses, worms, unauthorized human intervention in any part of the entry process or the Sweepstakes or any other causes which impair the fairness, integrity or administration of the Sweepstakes (in such event, the Sponsor reserves the right, at its sole option, to modify, terminate or suspend the Sweepstakes);

    (d) typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions of any kind relating to or in connection with the Sweepstakes including, without limitation, errors or problems which occur in the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or other errors in these Official Rules or in any other Sweepstakes-related materials;

    (e) any liability, loss, 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, use or misuse of any prize; or

    (f) lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen, or mutilated transactions, subscriptions or entries; or garbled, lost, misrouted or scrambled transmissions. (If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes.)

    THE PARTIES AGREE, ACKNOWLEDGE AND UNDERSTAND THAT THE SPONSOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR LOST PROFIT DAMAGES. THE PARTIES AGREE, ACKNOWLEDGE AND UNDERSTAND THAT THE SPONSOR’S TOTAL AGGREGATE LIABILITY FOR ANY MATTER ARISING FROM OR RELATED TO THE SWEEPSTAKES, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNT OF THE ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT ASSOCIATED WITH ENTERING THE SWEEPSTAKES.

    ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. All applicable federal, state and local laws and regulations apply. Void where prohibited by law.

  9. DISCLAIMER OF WARRANTIES. THE SWEEPSTAKES AND PRIZES ARE 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.
  10. DISPUTES: Except where prohibited by law, entrants agree that:
  11. (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 state or federal courts located in San Diego County, California, United States of America;

    (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, and in no event shall any entrant be entitled to obtain attorneys’ fees or other legal costs;

    (c) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive, to the extent permitted by applicable law, all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and

    (d) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

  12. TRADEMARKS: Unless noted otherwise, all trademarks used herein are the property of the Sponsor. The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or the Released Parties, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or the Sponsor or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.
  13. WINNERS LIST: To request a winners list send a stamped, self-addressed #10 envelope to: ACTIVE.com Advantage December Sweepstakes, c/o Active Network LLC, 10182 Telesis Court, Dept. 1107, San Diego, CA 92121 by November 10, 2014. Winners will also be posted on the member facing pages of the ACTIVE site.