GANDER MOUNTAIN COMPANY
"Customer Appreciation Giveaway Sweepstakes"
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. COMPLETION OF A GANDER MOUNTAIN CREDIT CARD APPLICATION, OR APPROVED CREDIT FROM ISSUING FINANCIAL INSTITUTION, IS NOT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
ENTRANTS THAT DO NOT DESIRE TO ENTER BY SUBMITTING A GANDER MOUNTAIN CREDIT CARD APPLICATION AND/OR MARKETING CONTACT INFORMATION MAY ENTER BY USING THE MAIL-IN METHOD OF ENTRY AS DESCRIBED IN SECTION 4(C) BELOW. ALL ENTRIES, REGARDLESS OF METHOD OF ENTRY, HAVE AN EQUAL CHANCE OF WINNING.
1. GENERAL. The Gander Mountain Company "Customer Appreciation Giveaway Sweepstakes" (this "Sweepstakes") is a sweepstakes where three (3) eligible entrants will win a prize as described below. The foregoing is a general description only of this Sweepstakes and is qualified in its entirety by these Official Rules. The sponsor of this Sweepstakes is Gander Mountain Company ("Sponsor").
2. ELIGIBILITY. This Sweepstakes is only open to entrants who, as of the entry date, are legal residents of the fifty (50) United States (excluding the State of Hawaii) or the District of Columbia (the "Sweepstakes Territory") and at least eighteen (18) years old. Additionally, (a) in order to be eligible to win the Dodge truck Grand Prize described in Section 7(b) below, the selected entrant must also (i) have a valid drivers license issued by one (1) of the states in the Sweepstakes Territory (including the District of Columbia) and (ii) have evidence of all insurance required by law, and (b) in order to be eligible to win an all terrain vehicle ("ATV") First Prize and Second Prize described in Section 7(c)-(d) below, the selected entrant must also meet any additional requirements established by the potential winner's state of residence for ATV purchase and delivery. This Sweepstakes is void in Hawaii, outside the Sweepstakes Territory, and where prohibited or restricted by law. Employees, officers and directors of Sponsor, World Financial Network National Bank ("WFNNB"), Chrysler, LLC ("Chrysler"), and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. This Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the Sweepstakes Territory, and entrants must be present in the Sweepstakes Territory at the time they enter.
3. TIMING. This Sweepstakes begins at 12:01 a.m. Central Time ("CT") on April 10, 2009 and ends at 11:59 p.m. CT on January 30, 2010 (the "Entry Period"). Sponsor's computer is the official timekeeping device for this Sweepstakes.
4. HOW TO ENTER. There are three (3) methods to enter this Sweepstakes: By submitting a Gander Mountain credit card application (in-store or online), by submitting marketing contact information (in-store or online) or by mail. If you do not desire to enter this Sweepstakes by submitting a credit card application and/or marketing contact information, you may enter by mail as provided in Section 4(c) below.
a. TO ENTER BY SUBMITTING A CREDIT CARD APPLICATION. During the Entry Period you may enter this Sweepstakes by submitting a Gander Mountain credit card application. You may submit an application in-store or online as described below.
i. In-Store. To submit an application in-store, during the Entry Period visit a participating Gander Mountain store (each, a "Store") and obtain a Gander Mountain credit card application (available while supplies last). Complete all required information on the application. During the Entry Period during the Store's business hours, deposit the fully completed application with an authorized Store representative at the location(s) identified at the Store for application deposit. No facsimiles, photocopied or mechanically reproduced applications allowed.
ii. Online. To submit an application online, during the Entry Period go to www.gandermountain.com/creditcard.shtml to the Gander Mountain credit card application section of the website and follow the links and instructions for online completion and submission of an application. Complete all required information on the application and submit it in accordance with the on-screen instructions. Submitting mass applications or applications generated by a script, macro or use of automated devices is prohibited and will result in disqualification.
iii. All Application Entries; Limit; Marketing Contact Information. All applications (regardless of method of application) must be received by Sponsor during the Entry Period. You will receive one (1) entry for submission of a Gander Mountain credit card application as provided in these Official Rules. Gander Mountain credit card acceptance and/or approved credit is not required for sweepstakes entry. LIMIT: One (1) application entry per person and per email address. Submission of additional/numerous applications will not increase your chance of winning but may have a negative effect on your credit rating. Entry will be awarded to the individual named on the applicable application (regardless of whether that is the name of the authorized account holder of the email address from which said application was submitted if an application was submitted online). By submitting an application, you consent to receiving marketing or promotional communications from Sponsor, its affiliates and/or their marketing partners; however, if you do not desire to consent to receive such communications, please enter by mail as provided in Section 4(c) below or "opt-out" of receiving such communications using one of the methods described in Section 13 below.
b. TO ENTER BY SUBMITTING MARKETING CONTACT INFORMATION. During the Entry Period you may enter this Sweepstakes by submitting marketing contact information to Sponsor. You may submit marketing contact information in-store or online.
i. In-Store. During the Entry Period, visit a participating Store and obtain an Official Entry Form (available while supplies last). Hand print your full name, complete home address, telephone number, email address (if any) and age on the Official Entry Form. Deposit the fully completed Official Entry Form in an entry box located at a Store during the Entry Period during the Store's business hours. No facsimiles, photocopied or mechanically reproduced entries allowed.
ii. Online. During the Entry Period, go to www.gandermountain.com to the Sweepstakes section of the website and follow the links and instructions for online submission of an Official Entry Form. Completely fill out the online Official Entry Form and submit it in accordance with the on-screen instructions. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.
iii. All Marketing Contact Information Entries; Limit; Marketing Contact Information. All Official Entry Forms (regardless of method of submission) must be received by Sponsor during the Entry Period. You will receive one (1) entry for submission of an Official Entry Form as provided in these Official Rules. LIMIT: One (1) Official Entry Form entry per person and per email address. Submission of additional Official Entry Forms will not increase your chance of winning. By submitting an Official Entry Form, you consent to receiving marketing or promotional communications from Sponsor, its affiliates and/or their marketing partners; if you do not desire to consent to receive such communications, please enter by mail as provided in Section 4(c) below or "opt-out" of receiving such communications using one of the methods described in Section 13 below.
c. TO ENTER BY MAIL. Hand print your full name, complete home address, telephone number, email address (if any) and age on a 3" x 5" piece of paper and send it by United States mail in a sealed envelope no larger than 9 1/2" x 4 1/4" (a #10 envelope) with correct postage to "Customer Appreciation Giveaway Sweepstakes - Entry", c/o Gander Mountain Company, 180 E. Fifth Street, Suite 1300, St. Paul, MN 55101. On your mail in entry, you may also, at your option and discretion, elect to "opt-in" to receiving marketing and promotional communications from Sponsor, its affiliates and/or their selected marketing partners by stating on your entry form that you desire to receive such communications. All mail-in entries must be received by Sponsor during the Entry Period. No facsimiles, photocopied or mechanically reproduced entries allowed. No facsimiles, photocopied or mechanically reproduced entries allowed.
d. FOR ALL ENTRIES. LIMIT: Two (2) entries per person in this Sweepstakes, regardless of method of entry. Entries are also subject to method of entry limitations as provided in Section 4(a)(iii) (credit card application method of entry limitation) and 4(b)(iii) (marketing contact information method of entry). All entries, regardless of method of entry, must be received by Sponsor during the Entry Period. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission by any method of entry will not be deemed to be proof of receipt of entry by Sponsor. See the applicable methods of entry above and Section 13 below ("Data Collection; Promotional Materials") regarding data collected in connection with an entrant's entry. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in this Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects.
6. DRAWINGS; ODDS; NOTIFICATION. On or about March 2, 2010, Sponsor or its designee will randomly select three (3) potential prize winners from among all eligible entries received by Sponsor in this Sweepstakes during the Entry Period. The potential Grand Prize Winner, First Prize Winner and Second Prize Winner will be in the order of selection (e.g., the potential Grand Prize Winner will be the first potential winner selected). Odds of winning a prize depend on the number of eligible entries received by Sponsor in this Sweepstakes. The entrants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by phone, letter (by postal or overnight delivery) and/or email. A potential winner will be required to execute and return to Sponsor or its designee a notarized Affidavit of Eligibility, a Liability Release and (except where prohibited by law) a Publicity Release (an "Affidavit/Release") in the form(s) provided by Sponsor or its designee in order to claim his/her prize. Such Affidavit/Release must be returned to Sponsor or its designee by the date and/or time indicated within such documents. If a potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if a potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor or its designee in his/her place at random from among all eligible non-winning entries received by Sponsor for this Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor or its designee as described above. Sponsor is not responsible for fraudulent calls, emails or other correspondence made to entrants by third parties.
7. PRIZES.
a. Subject to the terms and conditions of these Official Rules, three (3) prizes will be awarded in this Sweepstakes. The aggregate approximate retail value ("ARV") of all prizes to be awarded in this Sweepstakes is $60,738.
b. The Grand Prize consists of and is limited to one (1) 2010 Dodge Ram 1500 Crew Cab Laramie 4x4 pick up truck (vehicle as selected and equipped by Dodge). Approximate Retail Value ("ARV") of the Grand Prize is $47,080 (ARV based on Manufacturer's Suggested Retail Price of vehicle equipped as described above). ARV may vary based on the vehicle ultimately selected and equipped by Dodge but will not exceed $50,000; however, any difference in the ARV range as described above will not be awarded in cash or otherwise. There are no warranties on the vehicle except as may be offered to the Grand Prize winner by Dodge. The Grand Prize winner must take delivery of the Grand Prize within thirty (30) days of notice of availability from a dealer selected by Dodge in its sole discretion near the Grand Prize winner's primary residence in the Sweepstakes Territory. In order to claim and take delivery of the Grand Prize, the potential Grand Prize winner must (i) provide to Chrysler or its designee (A) a valid drivers license issued by one (1) of the states in the Sweepstakes Territory (including the District of Columbia) and (B) evidence of all insurance required by law, and (ii) execute and return to Chrysler or its designee all tax, title, registration and other forms with respect to the vehicle in the forms provided by Chrysler or its designee.
c. The First Prize consists of and is limited to one (1) 2008 Arctic Cat 366 4x4 Auto ATV (vehicle as selected and equipped by Sponsor). ARV of the First Prize is $5,369. There are no warranties on the vehicle except as may be offered to the First Prize winner by Arctic Cat. In order to claim and take delivery of the First Prize, the potential First Prize winner must meet any additional requirements established by the potential First Prize winner's state of residence for ATV purchase and delivery. Vehicle will be shipped by Sponsor (timing and method of shipping as determined by Sponsor) to the First Prize winner's primary residence in the Sweepstakes Territory.
d. The Second Prize consists of and is limited to one (1) 2008 Arctic Cat 366 4x4 Auto ATV (vehicle as selected and equipped by Sponsor). ARV of the Second Prize is $5,369. There are no warranties on the vehicle except as may be offered to the Second Prize winner by Arctic Cat. In order to claim and take delivery of the Second Prize, the potential Second Prize winner must meet any additional requirements established by the potential Second Prize winner's state of residence for ATV purchase and delivery. Vehicle will be shipped by Sponsor (timing and method of shipping as determined by Sponsor) to the Second Prize winner's primary residence in the Sweepstakes Territory.
e. Prizes are nontransferable and nonassignable, and are not refundable, and must be accepted as awarded. Prizes are awarded "AS IS" with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if the prize is not available for any reason as determined by Sponsor in its sole discretion. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, winner will be issued an IRS Form 1099 for the actual value of the prize won. Without limiting the foregoing, winner is solely and fully responsible for all other costs and expenses associated with the vehicle prizes, including, without limitation, registrations; license; title; income, sales or other taxes; insurance; maintenance; gas; additional equipment or accessories; optional insurance and other products; and all other costs involved in claiming, owning and operating the prize. Entrants waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem a prize. LIMIT: One (1) prize in this Sweepstakes per person and household.
8. PUBLICITY. Except where prohibited by law, participation in this Sweepstakes constitutes winner's consent to Sponsor's (and its successors', assignees' and designees') use of winner's name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend this Sweepstakes if, in Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor's reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award any or all of prize(s) at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision in these Official Rules.
10. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, Chrysler, WFNNB, their respective parents, subsidiaries, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in this Sweepstakes and/or entrant's award, receipt or use of any prize awarded in this Sweepstakes.
11. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry or application information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or applications, or entries or applications received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or this Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Sweepstakes or the processing of entries or applications; or (f) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in this Sweepstakes, or from viewing, playing or downloading any material from Sponsor's website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's website by a hypertext link.
12. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Minneapolis, Minnesota; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) 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 (c) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
13. DATA COLLECTION; PROMOTIONAL MATERIALS. Entrants provide personal information when they enter this Sweepstakes. Sponsor and its affiliates collect this information and use it to administer this Sweepstakes, for market research, and to contact you with information or special offers they believe will be of interest to you. Sponsor and its affiliates may also share your personal information with select marketing partners, who may use it to contact you with information and offers they believe will be of interest to you. Sponsor, its affiliates, and their marketing partners may share your personal information with third-party service providers who need access to your information to perform services on their behalf. By entering this Sweepstakes in-store by submitting a credit card application (Section 4(a)(i)) or an Official Entry Form (Section 4(b)(i)) or online by submitting a credit card application (Section 4(a)(ii)) or an Official Entry Form (Section 4(b)(ii)), you are consenting to receiving marketing or promotional communications from Sponsor, its affiliates and their marketing partners; if you do not want to receive marketing communications from Sponsor or its affiliates, or if you do not want them to share your personal information with their third-party marketing partners, you may "opt-out" at any time by using the "contact us" feature at www.gandermountain.com or by writing us at "Customer Appreciation Giveaway Sweepstakes - Opt Out", c/o Gander Mountain Company at 180 E. Fifth Street, Suite 1300, St. Paul, MN 55101. Finally, if you enter this Sweepstakes by mail, your personal information will not be added to Sponsor or its affiliates' marketing lists or shared with their marketing partners, unless you state on your entry form that you wish to receive marketing communications from Sponsor, its affiliates and/or their marketing partners. Consenting to receive marketing communications is optional, and is not necessary to enter or win this Sweepstakes, nor will it increase or improve your chances of winning. Please be aware that if you apply for a credit card in-store or online, your name and contact information will be provided to Sponsor and may be used or disclosed by Sponsor in accordance with the Official Rules (Section 4(a)(iii)) and the terms of any agreements between you and Sponsor. For more information about the ways Sponsor and its affiliates use and share personal information collected through Sponsor's website, please see the Privacy Policy of Sponsor and its affiliates located at http://www.gandermountain.com/customer_service/privacy.shtml.
14. OFFICIAL RULES. These Official Rules are available at www.gandermountain.com at the sweepstakes section of the website, at participating Stores (while supplies last), or by sending a self addressed postage-stamped envelope to "Customer Appreciation Giveaway Sweepstakes - Rules Request", c/o Gander Mountain Company, 180 E. Fifth Street, Suite 1300, St. Paul, MN 55101. Residents of Vermont need not affix return postage.
15. WINNER'S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to "Customer Appreciation Giveaway Sweepstakes - Winner's List Request" c/o Gander Mountain Company, 180 E. Fifth Street, Suite 1300, St. Paul, Minnesota 55101 . Requests must be received by May 1, 2010.
16. SPONSOR. The sponsor of this Sweepstakes and the address at which the Sponsor may be contacted is Gander Mountain Company, 180 E. Fifth Street, Suite 1300, St. Paul, Minnesota 55101.
This Sweepstakes is offered, operated and administered by Gander Mountain Company. World Financial Network National Bank ("WFNNB") issues Gander Mountain Company credit card accounts. WFNNB is in no way affiliated with or responsible for this Sweepstakes. Any disputes concerning awards or benefits under this Sweepstakes will not affect any payments or other obligations to WFNNB.
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