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1. ELIGIBILITY: Sperian Fire Instant Win Game (the “Promotion”) is open only to legal residents of the 50 U.S. states, the District of Columbia and Canada who are at least 18 years of age or have reached the age of majority in their state or province of residence (whichever is older) at time of entry and an authorized firefighter authorized by the jurisdiction in which he/she is a firefighter (whether full time, part-time or a volunteer). Employees, officers and directors of Sperian Protection (“Sponsor”), and KS Promotions, Inc. Game, those responsible for the development, promotion, distribution and implementation of this Promotion, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and printing suppliers for this Promotion, and the immediate family members (parents, siblings, children & spouse), regardless of where they live, or persons living in the same household, whether related or not, of such employees, officers and directors are ineligible. By participating, you agree to these Official Rules and the decisions of KS Promotions, Inc. (“KSP”), the Game Administrator, and/or Sponsor which are final and binding in all respects. Void where prohibited. 2. HOW TO PLAY: Instant Win game (“Game”) starts at 12:00:01 p.m. Pacific Time (“PT) on or about 4/1/08 and ends on the earlier of 7/31/08 at 11:59:59 p.m. PT, when supply of Instant Win Game plays is exhausted or when all prizes have been won (“Promotion Period”). During the Promotion Period, try on the Sperian Warrior™, a new generation SCBA from Sperian Protection and you will receive a Game Piece. After receiving your game piece, log on to www.sperianfire.com (“Web site”) and enter your first and last name, street address including city, state and zip code, and your email address, the first and last name of your Sperian distributor and the unique six-digit code found on your game piece. The code must be entered exactly as it appears on the game piece or it will not be accepted. When a valid code is submitted it will be not be accepted again. Once complete, either a winning or non-winning message will be revealed. Whether or not a particular play wins a prize will be determined by random selection at the time the play is received and recorded by the Game computer The Game computer is the Official Clock for the Promotion. See section #5 in these Official Rules if you have received a winning message. Limit one Instant Win play per person, per email address. 3. PRIZES/VALUES/ODDS OF WINNING:
Odds for Instant Win prizes are dependent on the number of participants and valid plays entered, the random times selected for prizes and the time any particular participant plays. For trip A trip for two (2) to Maui. Trip consists of round trip coach air travel for two from a major commercial airport near winner’s residence to Maui, HI; 7 days/6 night stay at The Ritz Carlton Kapalua (double occupancy); Mid-size car rental for 7 days; One activity of winner’s choice for two people (Activities include tours, theater performances, biking, luaus, snorkeling, and more and are subject to availability); $250 food and beverage credit and $300 spending cash. (ARV $6000). Trip must be booked at least thirty days in advance and used within one year of date awarded. Winner and guest must travel on the same itinerary. If winner and guest cannot travel on the dates specified by the Sponsor, the prize will be forfeited and an alternate winner will be selected. Blackout dates and restrictions for air travel may apply. All travel arrangements must be made through Sponsor. Winner will be responsible for obtaining all necessary insurance, and is responsible for all gratuities, meals, ground transportation, and any other incidental costs or expenses not identified in these rules. Approximate retail value of prize package may vary, depending on the point of departure. The actual value of trip may differ from the value stated and any difference between the stated value and actual value will not be awarded. If winner is a minor in his/her jurisdiction of residence, he/she must travel with his/her parent/legal guardian. Travel and accommodations are subject to availability, change, restrictions, and black-out periods may apply. For ATV: Vehicle will be delivered with standard equipment for make and model; all upgrades and options are at the sole cost of winner. Winner may not have choice of color. Title, taxes, registration, license, and similar fees, and insurance, and all costs of operating and enjoying prize are at the sole cost and expense of winner. Winner may be required to show proof of currently valid driver’s license and insurance prior to taking delivery. If the winner is an unlicensed minor, the vehicle may be awarded in the name of, or to, that minor’s parent/legal guardian, provided, the parent/legal guardian shows proof of a current driver’s license and insurance and otherwise complies with these Official Rules. Prize will be delivered to a dealer near winner’s residence (as determined by Sponsor) in the 50 United States/DC or Canada and if winner does not pick up prize within 30 days of delivery notice prize may be forfeited and awarded to an alternate winner. Vehicle will be delivered solely with the express limited warranties set forth in the vehicle’s Owner’s Guide, which warranties shall run for the term set forth in the said Guide. Sponsor in its sole discretion may elect to substitute a 2009 vehicle of the same or like model and style in the event of scarcity due to limited production or unavailability for any other reason For Gift Card Prizes: Gift Cards are subject to the terms and conditions of each issuer’s respective Gift Card Policy. Restrictions may apply and depend on gift card issuer. Cards that are for retailers that have both physical locations and on-line Web site locations may be used at either. For specific terms and conditions of any gift card, see the card issuers Web site. Prize Restrictions For All Prizes: Prizes will only be awarded in conformity with the firefighter’s employer’s policy regarding participating in, and accepting prizes in, trade promotions. Expenses not stated are solely the responsibility of the winner. No substitution, cash redemption or transfer of prize allowed, but Sponsor reserves right to substitute a prize with a prize of comparable or greater value if the advertised prize becomes unavailable. If a winner cannot accept prize as stated, prize may be forfeited in its entirety and awarded to an alternate winner. If a winner is not of the age of majority in his/her jurisdiction of residence, prize may be awarded in the name of or to parent or legal guardian (as solely determined by Sponsor) who must agree to all undertakings and execute all documents of winner set forth in these Official Rules both on behalf of himself/herself and winner or winner may be disqualified and prize will be awarded to an alternate winner. Taxes, for any prize, are solely the responsibility of the winner of that prize. For Canadian Residents: If the potential winner is a resident of Canada, in order to be declared a winner, he or she must first correctly answer a 4-function mathematical skill-testing question within 5 minutes without assistance of any kind, whether mechanical or otherwise. The skill test will be administered by phone or mail. If the potential winner cannot be contacted and the skill test administered within (3) business days of receipt of Affidavit & Release by KSP or the skill testing question is incorrectly answered, the prize will be forfeited. 5. HOW TO REDEEM WINNING INSTANT WIN MESSAGE: If you receive a winning message on the Web site, you will receive a confirmation email containing a confirmation number and a KSP representative will contact you via email within three (3) business days to provide you with information on how to claim your prize. Instant Win prizes must be claimed by [date] or the prize may be forfeited, in which case the prize will be awarded to an alternate winner. 6. VERIFICATION: All winning Instant Win messages are subject to verification by KSP. Winner may be requested to provide print-out of screen containing Instant Win winning game message and/or the confirmation email including confirmation number. Game cards and Codes which contain or are the result of printing or other mechanical errors or are printed or produced in error, or if they fail to contain special anti-fraud security markings that may be applied at the time of production or are not obtained through authorized, legitimate channels, or if any part is defective, illegible, altered, duplicated, photocopied, reproduced, forged, counterfeited, defaced, mutilated or tampered with in any way, or if they contain, or are the result of, a printing, seeding, typographical, mechanical, digital, electronic or any other errors are void. Sole liability for an irregular Game card or Code or Instant Win play is limited to replacement with another Game card or Code or Instant Win play (as solely determined by Sponsor). If because seeding, digital, programming or any other error or for any other reason, there are more Instant Win prize claims in any prize category than Instant Win prizes offered as stated in that category in these Official Rules, a random drawing will be held among all eligible claimants in that category to award such prizes as yet not awarded. Only the number of prizes stated in these Official Rules are available to be won in the Game and will be awarded. Any attempt to forge screens containing Instant Win winning game messages or the confirmation emails or otherwise defraud Sponsor in any way, or failure to comply with any request made in accordance with this Rule, will result in disqualification of participant; and, such participant may be prosecuted to the fullest extent of the law. All materials submitted become the property of Sponsor and will not be returned. Please allow 6-8 weeks after winner verification for delivery of prize. 7. SECOND CHANCE DRAWING: If any instant win prizes are unclaimed or forfeited, they will be awarded in a Second Chance drawing to be held on or about8/29/08. To enter, hand print complete name, address with zip code, telephone number with area code and date of birth on a 3X5 card and mail to: Sperian Protection Second Chance Drawing, P.O. Box 8, Carlsbad, CA 92018-0008 for receipt by8/3/08. No mechanically reproduced entries. Odds of winning depend on number of unclaimed or forfeited prizes and the number of eligible entries received. Limit one entry per person, per household. 8. GENERAL CONDITIONS: Potential Winners will be notified by Sponsor or KSP and will be required to complete, execute and return an Affidavit (Certification in Canada) of Eligibility, a Liability Release, and unless prohibited by law, a Publicity Release within seven (7) business days of notification. Non-compliance, failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if a potential winner otherwise fails to comply with the Official Rules will result in disqualification. Trip Prize Winner’s travel companion must complete, sign and return a Liability Release and unless prohibited by law, a Publicity Release prior to issuance of travel documents; and if travel companion is a minor, all applicable Releases must be executed by minor’s parent/legal guardian who must accompany minor on the Trip. Each winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor) and those acting pursuant to its authority, the right in perpetuity to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without additional consideration (unless prohibited by law), and without notice, review and approval. By participating, participants release and agree to hold harmless the Sponsor, KSP, Game their respective advertising and promotion agencies, and all of their respective directors, officers, employees, representatives and agents (individually and collectively “Releasees”) from any and all liability for any losses and damages of any kind (whether due to negligence or otherwise), for any injuries, loss or damage of any kind to person(s), including death or disability, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, or participation in any Promotion or travel related activity, or participation in this Promotion. KSP and/or Sponsor reserve the right, at their sole discretion, to disqualify any individual found, in their sole discretion, to be (a) tampering with the entry process or the operation of the Game Promotion or Web site; (b) in violation of the Terms of Service of the Web site; (c) acting in violation of the Official Rules; or (d) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party, or like entry methods will void all such entries, and any participant using any such method will be disqualified. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Promotion at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor and/or KSP may prosecute any fraudulent activities to the full extent of the law. 9. LIMITATIONS OF LIABILITY: Releasees are not responsible for lost, late, mutilated, misdirected, incomplete, illegible, or postage due mail, email or entries, or for any incorrect or inaccurate information, whether caused by Web site users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Promotion, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, jumbled, scrambled or misdirected transmissions, communications line failure, theft or destruction or unauthorized access to the Web site, or failure to capture, or loss of, any entry, Code or other information. Releasees are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the Web site. If, for any reason, this Promotion, or any part thereof, as solely determined by Sponsor and/or KSP, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other causes which, in the sole opinion of KSP and/or Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, KSP and/or Sponsor reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion and/or select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by KSP and/or Sponsor. In such event you may be advised on the Game page to forward your confirmation email to an email address specified by KSP and/or Sponsor or mail your entire original game message print out to an address specified by KSP and/or Sponsor for decoding. Specific instructions will appear on said page. KSP and/or Sponsor, however, reserve the right, in their sole discretion, to address an Internet raised or related issue in any manner they deem fair and appropriate. In no event will RELEASEES be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the web site or downloading from and/or printing material downloaded from said web site. Without limiting the foregoing, everything on this web site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions. 10. DISPUTE RESOLUTION/CHOICE OF LAW: The Game is governed by the laws of the State of Rhode Island, without regard to conflict of law doctrine, with venue in Providence and all claims must be resolved in the courts of Rhode Island. For Residents Of Quebec, Canada only: Any litigation respecting the conduct or organization of the Game may be submitted to the Regie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Regie only for the purpose of helping the parties reach a settlement. 11. PRIVACY POLICY: The entry information provided is subject to the Privacy Policy on the above stated Web site. To read that Policy, access the Web site and then access the Privacy Policy. 12. WINNERS' LIST: For names of winners, send a self-addressed stamped envelope for receipt by 8/31/08 to: Sperian Protection Instant Win Game - Winners List, P.O. Box 8, Carlsbad, CA 92018-0008. For a copy of these Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES" for receipt by 8/13/08. Canadian residents omit return postage. The names of winners may also be posted at www.SperianFire.com. SPONSOR: This promotion is sponsored by Sperian Protection, 900 Douglas Pike, Smithfield, RI. 02917. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Firefighter Official Rules · Distributor Official Rules · Privacy Policy · Sperian Fire Homepage Sperian Fire (Formerly Bacou-Dalloz Fire Safety Group) | 900 Douglas Pike, Smithfield, RI 02917, USA | 800.446.9049 |