SAIL’s America’s Cup Crew for a Day Contest Rules
Official Rules for the America’s Cup World Series Crew for a Day Contest
1. INTRODUCTION: Active Interest Media (AIM), owner and publisher of SAIL Magazine, West Marine, and Harken, Inc. (“Sponsors”) are offering the America’s Cup World Series Crew for a Day ("Contest") as described in these official rules. NO PURCHASE NECESSARY.
2. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older with a valid U.S. driver’s license at the time of entry and who are under the required racing weight of 220 lbs. Employees of the Sponsor and its parents, subsidiaries, affiliated companies, dealers and agents, and the foregoing employees’ household or immediate family members (defined as parent, spouse, child, sibling or grandparent) are NOT eligible to enter the Contest.
3. TIMING: Contest begins at 12:01:01 a.m. Pacific Daylight Time ("PDT") on Tuesday, April 24, 2012 and ends at 11:59:59 p.m. PDT on Monday, June 4, 2012 ("Contest Period").
4. HOW TO ENTER: Limit one entry per person. To enter: America's Cup history is full of great moments that have made the sport of sailing what it is today. What was your best sailing moment? Tell us in 50 words or less (points will be deducted for more than 50 words). See Section 6 for judging criteria. Entry method: During the Contest Period go to: ‘http://www.facebook.com/sailmag to submit your entry which must include the following: your best sailing moment essay, your full name, complete address, phone number and email address or entry may be voided.
5. ENTRY/ESSAY REQUIREMENTS: Entry and associated content must be truthful in all respects, original (sole work of entrant), unpublished, cannot have been submitted in any other competition, and must not infringe or violate any third-party rights, including but not limited to the rights of copyright, trademark and publicity. Entry may be disqualified by Sponsor in its sole discretion if any entry or associated content: (i) is not written in English, (ii) disparages Sponsor or its business partners, (iii) causes or may cause reputational harm to Sponsor or its business partners, (iv) infringes or violates any law or regulation, or any third party rights (including but not limited to the rights of copyright, trademark, privacy and publicity), and (v) contains lewd material, sexually explicit content, violence, hate, gore or other offensive material. Sponsor shall retain discretion as to whether an entry and associated content are appropriate for the Contest.
6. JUDGING: One (1) entrant will be selected as the winner and must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements. On or about June 7, 2012, all the eligible entries received will be judged by the editors of SAIL Magazine (“Judge[s]”) to determine the winner. With reference to the herein described essay theme, the Judge(s) will use the following criteria to determine the winner: originality (40%), inspirational story (45%) and gripping story (15%). In the event of a tie, to break the tie, tied entries will be judged on inspirational story only. The decisions of the Sponsor and/or Judge(s) on all matters related to the Contest shall be final and binding in all respects.
7. NOTIFICATION: Starting on or about June 8, 2012 the potential winning individual will be notified (the "Notification") by email. Within 48 hours of the sending of the Notification email, the potential winner must reply to the sending email address to confirm eligibility and availability for the prize trip. In addition, within three (3) days of the sending of the Notification email, the potential winner must correctly complete, execute and return as directed via overnight delivery an Affidavit, Waiver, Release and Indemnity Agreement including where lawful a Publicity Release or other document(s) as required by any of the Releasees (as defined in paragraph 10 below). Please note that additional documents may also be required at the discretion of Sponsor. Failure to comply with the requirements of this paragraph (or the return of any prize or prize notification as non-deliverable) may result in disqualification and in the forfeiture of any right to a prize, in which case such prize will be awarded to the entrant with the next highest score in accordance with the herein described judging criteria.
8. PRIZES: One (1) prize will be awarded consisting of a spot as the guest racer on board an AC45 catamaran in the America's Cup World Series event to be held in Newport, Rhode Island, from June 26 to July 1, 2012. The guest racer spot on an AC45 race yacht is scheduled during a race at the Regatta on June 28, 2012 (subject to weather conditions and the racing taking place that day). The prize includes: i) Coach class, round-trip airfare for one person from a major gateway airport closest to the winner's U.S. residence to the nearest gateway airport to Newport, RI; ii) Two-nights’ lodging. The prize does NOT include ground transportation, taxes, meals, room service, provisioning, personal expenses or travel insurance. The total approximate retail value of the prize is $3,000 (actual value may vary depending upon location of winner and fares/rates when booked). Subject to the conditions herein Contest prize will be awarded. The Contest prize is nontransferable and must be accepted as awarded. No substitution may be made, except by Sponsor in the event that a prize or part thereof cannot be awarded for any reason; in such event, Sponsor will in its sole discretion award a substitute prize or part thereof of equal or greater value. Winner is solely responsible for the following in relation to a Contest prize awarded to him/her: a) any and all applicable taxes (including but not limited to the following taxes: federal, state, local taxes and sales tax); and b) any and all applicable fees and expenses that are not specifically set forth herein as included with a Contest prize and are related to the acceptance, award, enjoyment and use of a Contest prize. Visual prize depictions may not accurately represent an awarded prize.
9. ENTRANT VERIFICATION: In the event of a dispute regarding which individual submitted any entry, such entry will be deemed submitted by the natural person whose name is on the applicable official entry form, email or essay page.
10. RELEASE: By participating in the Contest and/or accepting a prize, a participant/winner agrees to defend, release and hold harmless the Sponsor (and where applicable a supplier and/or manufacturer of a service or product included with a Contest prize), America’s Cup Event Authority LLC, America's Cup Race Management and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the foregoing companies’ officers, directors, shareholders, members, managers, employees, representatives, agents and all others associated with the development and execution of the Contest (collectively the "Releasees") from and against any actions, claims and/or liability for injury, loss or damage of any kind (including any for the violation or infringement of any proprietary or personal right of any individual or entity, and any personal injury, death and/or property damage) resulting in whole or in part, directly or indirectly, from participation in the Contest, and/or the use, enjoyment, acceptance, installation or possession of a Contest prize. IN ADDITION, A PARTICIPANT/WINNER ACKNOWLEDGES THAT PARTICIPATION IN THE CONTEST PRIZE INVOLVES ACTIVITIES THAT ARE EXTREMELY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE AND BY PARTICIPATING IN SUCH ACTIVITIES THE WINNER AGREES TO ASSUME FULL RESPONSIBILITY FOR ANY INJURY, DEATH OR PROPERTY DAMAGE INCURRED TO HIM/HER NO MATTER HOW CAUSED INCLUDING WHEN CAUSED BY THE NEGLIGENT ACTIONS OR OMISSIONS OR THE GROSS NEGLIGENCE OF OTHERS. By participating in the Contest and/or accepting a Contest prize, a participant/winner consents to and gives the Sponsor, America’s Cup Event Authority LLC, America's Cup Race Management and their representatives, licensees, assignees, parents, subsidiaries, affiliates, divisions, advertising and promotion agencies (collectively the “Licensees”): a) The right to photograph/video a winner (including an awarded Contest prize and throughout a Contest prize activity); and b) The right in perpetuity to use, reuse, publish and display a participant’s/winner’s name, address, entry information (plus associated content), statements, quotes, opinions, picture, portrait, likeness, voice, video, photograph(s), biographical information, prize information, and winner-submitted photograph(s)/video/text/blog(s) (in whole or in part, as may be adapted, edited or modified, as solely determined by Licensees) for advertising, trade, commercial, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the World Wide Web, without review, notification or approval, all without limitation or additional consideration, unless prohibited by law. Participants acknowledge that all entries and associated content, including all related intellectual property rights, become the property of Sponsor and will not be acknowledged or returned and may be used or edited by Sponsor without additional compensation in any and all media, without the further right of approval of entrant, except where prohibited. Any competition promoted or run on the SAIL Magazine's Facebook page is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant is providing his/her information to the Sponsor and not to Facebook. The information provided by entrants will only be used for administration of the promotion. Any such promotion is in no way sponsored, administered or endorsed by, or associated with, Facebook and Facebook shall have no liability whatsoever to the entrant in relation to the competition, its administration and/or any prize which may be won.
11. CONDITIONS: Participants agree that by participating in the Contest they release the Releasees from any liability in connection with: a) Entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, altered, stolen, postage due or misdirected; b) Any typographical or other human or technical errors in the offer or administration of the Contest, including but not limited to errors in advertising, these official rules, the selection and announcement of a winner(s), or the distribution/awarding of a Contest prize(s); and c) Any omission, interruption, deletion, defect, delay, misdirection, damage, line failure, injury, faulty machinery or other mechanical error, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof. Entries made by proxy or electronic means such as script, bot, macro, or any other similar software or program are void. Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. If in the Sponsor’s or Judge(s) opinion, there is any suspected evidence of tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Sponsor reserves the right to modify, or terminate the Contest in a manner deemed appropriate by the Sponsor, at the Sponsor’s discretion. Failure to enforce any term of these official rules shall not constitute a waiver of that provision.
12. LAWS: Subject to all federal, state and local laws and regulations. Void where prohibited or restricted.
13. WINNER’S LIST: Prizewinner information will be available by sending a stamped self-addressed envelope after June 22, 2012 to SAIL Magazine, America’s Cup World Series Crew for a Day Contest, 98 N. Washington Street, Ste. 107, Boston, MA 02114.
15. SPONSORS: Active Interest Media (owner and publisher of SAIL Magazine), 98 North Washington Street, Suite 107, Boston, MA, 02114, West Marine, P.O. Box 50070, Watsonville, CA 95077-0070, Harken USA, 1251 East Wisconsin Ave, Pewaukee, Wisconsin 53072-3755. Any compaints or questions regarding the Contest should be sent to SAIL.