Holiday Gear Giveaway

Chuck Fryberger

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1. ELIGIBILITY: This Sweepstakes is open only to individuals who (a) are legal residents of the fifty (50) United States or the District of Columbia and (b) are at least eighteen (18) years of age or the age of majority in their state at the time of entry. Employees or contractors of Cloudveil, or any of their affiliate companies, subsidiaries, agents, distributors, wholesalers, retailers, or advertising and promotional agencies, as well as the spouse, parents, siblings, children and household members of any such employee or contractor, are not eligible. This Sweepstakes is subject to all federal, state, and local laws and regulations and is void outside the U.S. and where prohibited by law.

2. SPONSOR: This Sweepstakes is sponsored by Cloudveil Mountain Works, 120 W Pearl Ave., Jackson, WY 83001, U.S.A. ("Sponsor").

3. AGREEMENT TO OFFICIAL RULES: Participation in this Sweepstakes constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding.

4. ENTRY PERIOD: This Sweepstakes begins on December 1, 2009 at 12:00 a.m. Pacific Time ("PT") and ends on December 16, 2009 at 11:59 p.m. PT.

5. ENTRY: To participate in the Sweepstakes, visit www.cloudveil.com/sweetschwag and complete the online Sweepstakes entry form. You must provide complete and accurate information, including your name, E-mail address, and all other information as requested. You are solely responsible for the equipment and internet access required to enter or participate in this Sweepstakes. Sponsor reserves the right to, in its sole discretion, restrict participation in this Sweepstakes to any person at any time for any reason and/or to disqualify any entry at any time for any reason. Any attempted entry by any means except as permitted in these Official Rules is void. Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information.

6. WINNER SELECTION; ODDS OF WINNING: Each calendar day (PT) during the Sweepstakes, one (1) male winner and one (1) female winner will be selected at random. Sponsor will notify each potential winner by E-mail within ten (10) days of the conclusion of the Entry Period. If a potential winner cannot be reasonably notified, verified or confirmed, a prize is declined, or a potential winner is not eligible for award of a prize for whatever reason, an alternate potential winner will be randomly selected by Sponsor from all eligible entries. SPONSOR'S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS SWEEPSTAKES. YOU ARE NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL YOUR ELIGIBILITY HAS BEEN VERIFIED AND YOU HAVE BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Odds of winning depend on the number of eligible entries during the Entry Period.

7. REQUIREMENTS OF EACH POTENTIAL WINNER: Potential winner may be required to provide his/her full name, U.S. mailing address, preferred apparel size, and an Affidavit of Eligibility verifying compliance with these Official Rules within seven (7) days of the date of notification; failure to do so will result in prize forfeiture. You are not a winner of any prize unless and until your eligibility has been verified.

8. THIRTY (30) PRIZES: Thirty (30) Daily Prizes will be awarded. The products in the Gear Collection will be selected by Sponsor in its sole discretion, notwithstanding any product preferences indicated by winner. There is a limit of one daily prize per person. Prizes are nontransferable until awarded and are non-refundable. No cash or other substitution may be made, except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason. Prizes are awarded "as is" with no warranty or guarantee, express or implied. Winners are responsible for payment of all applicable taxes associated with receipt of a prize.

9. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, and/or modify this Sweepstakes if any problem corrupts the administration or security of this Sweepstakes. In such event, Sponsor reserves the right to select a winner from among the eligible entries issued up to the time of the impairment or Sponsor's identification of the 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 undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages 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. All activity arising out of and relating to this Sweepstakes is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules, Sponsor reserves the right to disqualify the entrant and remove the entry from this Sweepstakes at any time.

10. PUBLICITY: Except where prohibited, by entering this Sweepstakes, you grant Sponsor an irrevocable license to use, re-use, reproduce, alter, adapt, publish, distribute, transmit, print, publish, broadcast, host, cache, download, stream, comment on, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, written and other entry materials, in whole or in part, for promotional purposes, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity (or a shorter period if limited by applicable state law), without further review, approval, credit, attribution, payment, compensation, notification or permission from or to you or any other person or entity. You agree to execute any and all documents necessary to effect the grant of such rights to Sponsor. You further agree that you shall not claim or be entitled to receive any compensation or credit for such use, you will not seek to challenge in any manner the rights of Sponsor, and you will not thwart, hinder or subvert the intent of the grants to Sponsor herein.

11. PRIVACY: All personal information submitted to Sponsor by you as part of this Sweepstakes will be treated in accordance with Sponsor's Privacy Policy (available at www.cloudveil.com), except as otherwise described in these Official Rules and Sweepstakes materials. All of your information will be shared with Sponsor's agents, representatives, and other third parties involved in the execution, administration, or hosting of this Sweepstakes, and may be further publicized as described above. The information that you provide will also be added to Sponsor database for marketing purposes. By entering the Sweepstakes, you acknowledge and agree that Sponsor may send you information and special offers. In the event of any conflict between these Official Rules and the terms of Sponsor's Privacy Policy, these Official Rules shall govern.

12. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of this Sweepstakes; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of this Sweepstakes or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in this Sweepstakes or receipt of any prize. SPONSOR AND EACH OF ITS SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THIS SWEEPSTAKES OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. RELEASED PARTIES WILL NOT BE LIABLE OR RESPONSIBLE FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THIS SWEEPSTAKES OR RECEIPT OF A PRIZE, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

13. DISPUTES: Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to this Sweepstakes, and the decisions by Sponsor are final and binding on all matters relating to this Sweepstakes. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (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) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of Wyoming, without giving effect to any choice of law or conflict of law rules (whether of the State of Wyoming or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than State of Wyoming. By entering this Sweepstakes, you agree that Wyoming will be the exclusive forum for any formal dispute resolution.

14. OFFICIAL RULES AND WINNERS LIST: You may obtain Sweepstakes results and a copy of these Official Rules by sending a self-addressed, stamped envelope to Cloudveil Sweet Schwag Sweepstakes, PO Box 11810, Jackson WY 83001. Records may not be available beyond two years unless required by law. Vermont residents may omit return postage for Official Rules requests.
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