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Contest RulesOcean Arts, Inc. / Underwaterjournal.com "Sea&Sea DX-GE5 Camera Sweepstakes"OFFICIAL RULES No Purchase Necessary 1. Eligibility: Offered only in the United States to legal U.S. residents at least 18 years old. Employees and directors of Ocean Arts, Inc./Underwater Journal, ("Sponsor"), participating prize provider(s), their parents, affiliated and subsidiary companies and their advertising and promotional agencies and the immediate family (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or members of the households of such employees and participants (whether or not related) are not eligible. By entering, you agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. 2. Email: Should you access the underwaterjournal.com web site to participate in this Sweepstakes by clicking on an icon or other link on another web site, by submitting the required subscription form you will opt-in to receive email or other communications from underwaterjournal.com. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email or contacting us at info@uwjournal.com. Whether you opt-in or opt-out will not affect your participation, or chances to win, in this Sweepstakes. During the promotional period, however, you may nevertheless receive emails, which Underwater Journal deems are related to the Sweepstakes and related programs. We will never share your email address, phone number or any other personal information with any unrelated 3rd party except as necessary to fulfill transactions that you initiate. You may view the Underwater Journal Privacy Policy by visiting our web site at http://www.underwaterjournal.com/faq.php. 3. Promotional Period: Promotion begins on October 1 at 12:01 a.m. Eastern Time (EST), and ends on November 24, 2010 at 11:59:59 p.m. (EST) ("Promotional Period"). 4. Entry: (a) To enter, access the Underwater Journal web site at www.underwaterjournal.com, either directly or by clicking on the icons, banners, or text links on Underwater Journal partner web sites and newsletter communications. For one entry into the drawing, complete the subscribe form and check yes or uncheck to receive notifications of issues and/or other communications, then hit the submit button. By subscribing you agree that you would like to receive the Underwater Journal and UnderwaterJournal.com associated emails and notifications. (You may opt-out of the receipt of such information at anytime by following the instructions in the email or as indicated on the web site). You need enter only once by accessing the subscription page and following the directions. Subscriptions must be received and recorded by Sponsor's computer by 11:59:59pm November 24, 2010 (EST). Any other attempt at Internet or email entry is void. (b) Limit one entry per person. Any attempt by any person to obtain multiple entries by using multiple/different email accounts or any other methods will void all of that person's entries and that person will be disqualified. No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible submissions or email; or for any computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, traffic congestion, or technical failures, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. 5. Drawing: The Winner for the prize will be selected in a random drawing under the supervision of Ocean Arts, Inc. from all eligible submissions received by the end of the Promotional Period. The drawing will take place on November 30, 2010, following the conclusion of the Sweepstakes. Should a drawing be scheduled to take place on a normal calendar weekend day or business holiday Sponsor reserves the right to conduct that drawing on the next business day. Winner will be notified by email within approximately 10 business days of the drawing. Submissions from this drawing will NOT be carried over to subsequent sweepstakes/drawings. 6. Prize/Odds: The winner will receive a Sea&Sea DX-GE5 Camera and be awarded a free 2 tank dive for 2 with Jupiter Dive Center in Jupiter, FL. Odds of winning in any drawing depend on the number of eligible submissions received for that drawing. Taxes are the sole responsibility of winner. Prizes are not transferable, cannot be assigned and no substitutions or exchanges or cash equivalents will be allowed except at the sole discretion of the Sponsor due to prize unavailability, and then for a prize of equal or greater value. Void where prohibited. Limit 1 Prize per person. 7. General Conditions: General Conditions. Winners may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within 20 business days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found not to be eligible or not in compliance with these Official Rules, disqualification will result and an alternate winner will be selected. By accepting the prize, where permitted by law, winners grant to Sponsor, and those acting pursuant to Sponsor's authority (and agree to confirm said grant in writing) the right to use and publish his/her name, portrait, picture, voice and likeness for advertising, trade and promotional purposes without additional consideration, worldwide, and on the World Wide Web, without notification, review or approval. Further, participants release and agree to hold harmless Sponsor, participating sponsors, its parents, affiliates, subsidiary companies, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injury, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize, participation in any Sweepstakes related activity, or participation in this Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the sweepstakes or web site; to be acting in violation of the Official Rules; to be acting in violation of the terms of the web site, or to be 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, programmed or the like entry methods will void all such entries by such methods, and disqualify any entrant using any such method. 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 Sweepstakes 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 any other organization responsible for assigning email addresses or the domain associated with the submitted email address. 8. Limitations of Liability: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access the web site. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading or copying materials from or use of the web site. If, for any reason, the Sweepstakes or a drawing is not capable of running as planned by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes, or drawing, and select the winner(s) for the Sweepstakes, or for such drawing, from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor. IN NO EVENT WILL SPONSOR OR ITS PARTICIPATING SPONSORS, PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, 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 INTERNET SITE www.underwaterjournal.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR 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. 9. Choice of Law: Except where prohibited, participants agree that (1): any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and exclusively by Ocean Arts, Inc., and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (3) 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, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard for conflicts of law doctrine, and all proceedings shall take place in Palm Beach County, FL. 10. Winners List: For name of winners send a self-addressed stamped envelope for receipt by 12/15/10 to: Ocean Arts, Inc., UnderwaterJournal.com "Sea&Sea DX-GE5 Camera Sweepstakes" Winner List, 313 Kelsey Park Circle, Palm Beach Gardens, FL 33410. The name of winner may also be posted at http://www.underwaterjournal.com. Sponsored by: Ocean Arts, Inc./Underwater Journal, 313 Kelsey Park Circle, Palm Beach Gardens, FL 33420 Ocean Arts, Inc. / Underwaterjournal.com "Zeagle N2ition Dive Computer Sweepstakes" OFFICIAL RULES No Purchase Necessary 1. Eligibility: Offered only in the United States to legal U.S. residents at least 18 years old. Employees and directors of Ocean Arts, Inc./Underwater Journal, ("Sponsor"), participating prize provider(s), their parents, affiliated and subsidiary companies and their advertising and promotional agencies and the immediate family (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or members of the households of such employees and participants (whether or not related) are not eligible. By entering, you agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. 2. Email: Should you access the underwaterjournal.com web site to participate in this Sweepstakes by clicking on an icon or other link on another web site, by submitting the required subscription form you will opt-in to receive email or other communications from underwaterjournal.com. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email or contacting us at info@uwjournal.com. Whether you opt-in or opt-out will not affect your participation, or chances to win, in this Sweepstakes. During the promotional period, however, you may nevertheless receive emails, which Underwater Journal deems are related to the Sweepstakes and related programs. We will never share your email address, phone number or any other personal information with any unrelated 3rd party except as necessary to fulfill transactions that you initiate. You may view the Underwater Journal Privacy Policy by visiting our web site at http://www.underwaterjournal.com/faq.php. 3. Promotional Period: Promotion begins on August 1 at 12:01 a.m. Eastern Time (EST), and ends on October 30, 2010 at 11:59:59 p.m. (EST) ("Promotional Period"). 4. Entry: (a) To enter, access the Underwater Journal web site at www.underwaterjournal.com, either directly or by clicking on the icons, banners, or text links on Underwater Journal partner web sites and newsletter communications. For one entry into the drawing, complete the subscribe form and check yes or uncheck to receive notifications of issues and/or other communications, then hit the submit button. By subscribing you agree that you would like to receive the Underwater Journal and UnderwaterJournal.com associated emails and notifications. (You may opt-out of the receipt of such information at anytime by following the instructions in the email or as indicated on the web site). You need enter only once by accessing the subscription page and following the directions. Subscriptions must be received and recorded by Sponsor's computer by 11:59:59pm October 30, 2010 (EST). Any other attempt at Internet or email entry is void. (b) Limit one entry per person. Any attempt by any person to obtain multiple entries by using multiple/different email accounts or any other methods will void all of that person's entries and that person will be disqualified. No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible submissions or email; or for any computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, traffic congestion, or technical failures, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. 5. Drawing: The Winner for the prize will be selected in a random drawing under the supervision of Ocean Arts, Inc. from all eligible submissions received by the end of the Promotional Period. The drawing will take place on October 30, 2010, following the conclusion of the Sweepstakes. Should a drawing be scheduled to take place on a normal calendar weekend day or business holiday Sponsor reserves the right to conduct that drawing on the next business day. Winner will be notified by email within approximately 10 business days of the drawing. Submissions from this drawing will NOT be carried over to subsequent sweepstakes/drawings. 6. Prize/Odds: The winner will receive a Zeagle N2ition Dive Computer . Odds of winning in any drawing depend on the number of eligible submissions received for that drawing. Taxes are the sole responsibility of winner. Prizes are not transferable, cannot be assigned and no substitutions or exchanges or cash equivalents will be allowed except at the sole discretion of the Sponsor due to prize unavailability, and then for a prize of equal or greater value. Void where prohibited. Limit 1 Prize per person. 7. General Conditions: General Conditions. Winners may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within 20 business days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found not to be eligible or not in compliance with these Official Rules, disqualification will result and an alternate winner will be selected. By accepting the prize, where permitted by law, winners grant to Sponsor, and those acting pursuant to Sponsor's authority (and agree to confirm said grant in writing) the right to use and publish his/her name, portrait, picture, voice and likeness for advertising, trade and promotional purposes without additional consideration, worldwide, and on the World Wide Web, without notification, review or approval. Further, participants release and agree to hold harmless Sponsor, participating sponsors, its parents, affiliates, subsidiary companies, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injury, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize, participation in any Sweepstakes related activity, or participation in this Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the sweepstakes or web site; to be acting in violation of the Official Rules; to be acting in violation of the terms of the web site, or to be 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, programmed or the like entry methods will void all such entries by such methods, and disqualify any entrant using any such method. 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 Sweepstakes 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 any other organization responsible for assigning email addresses or the domain associated with the submitted email address. 8. Limitations of Liability: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access the web site. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading or copying materials from or use of the web site. If, for any reason, the Sweepstakes or a drawing is not capable of running as planned by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes, or drawing, and select the winner(s) for the Sweepstakes, or for such drawing, from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor. IN NO EVENT WILL SPONSOR OR ITS PARTICIPATING SPONSORS, PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, 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 INTERNET SITE www.underwaterjournal.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR 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. 9. Choice of Law: Except where prohibited, participants agree that (1): any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and exclusively by Ocean Arts, Inc., and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (3) 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, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard for conflicts of law doctrine, and all proceedings shall take place in Palm Beach County, FL. 10. Winners List: For name of winners send a self-addressed stamped envelope for receipt by 11/15/10 to: Ocean Arts, Inc., UnderwaterJournal.com “Zeagle N2ition Dive Computer Sweepstakes" Winner List, 313 Kelsey Park Circle, Palm Beach Gardens, FL 33410. The name of winner may also be posted at http://www.underwaterjournal.com. Sponsored by: Ocean Arts, Inc./Underwater Journal, 313 Kelsey Park Circle, Palm Beach Gardens, FL 33420 |
