OpenCaching.com “Opie’s Treasure Chest” Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MUST BE 18 YEARS OF AGE OR OLDER TO ENTER. VOID WHERE PROHIBITED BY LAW.

  1. ELIGIBILITY: The Sweepstakes is open only to individuals who are legal residents of the 50 United States (excluding Puerto Rico residents) or the District of Columbia or of Canada and are 18 years of age or older at the time of entry. Employees and their immediate families of Garmin International, Inc. (“Garmin”) and any of Garmin’s affiliated companies are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.

  2. AGREEMENT TO OFFICIAL RULES: Entry in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Garmin, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.

  3. SPONSOR: Garmin, located at 1200 East 151st Street, Olathe, Kansas 66062, is the sole sponsor of this promotion.

  4. SWEEPSTAKES TERM: The Sweepstakes begins at 12:00 a.m. Central Time (“CT”) on Saturday, October 1, 2011 and will continue until 11:59 p.m. on Monday, October 31, 2011 (the “Sweepstakes Term”). Entries received prior to or after the Sweepstakes Term will be disqualified. Garmin is the official timekeeper for the Sweepstakes Term, and all timekeeping decisions of Garmin shall be final.

  5. ENTRY: NO PURCHASE NECESSARY TO ENTER OR WIN. There are two methods of entry for this Sweepstakes. The first method is by publishing geocaches (“caches”) on the OpenCaching.com website. Each person who publishes one cache to the OpenCaching.com site (which requires approval of the submitted cache in accordance with the OpenCaching.com Terms of Use, including successfully passing through the OpenCaching.com peer review process) during the Sweepstakes Term will have an opportunity to submit 1 Sweepstakes entry. Publishing a cache does not constitute a Sweepstakes entry; in addition to publishing the cache, the user MUST check the “Enter me in the Sweepstakes” box when publishing a cache to designate his/her desire to submit a Sweepstakes entry. If a cache submission is rejected by the OpenCache.com peer review process, the submitter of that cache will not be entered in the Sweepstakes, but rather must submit another cache that is accepted by OpenCache.com peer review process (in addition to checking the “Enter me in the Sweepstakes” box at the time of submission) to be entered in the Sweepstakes by cache submission. Each accepted submitted cache having the “Enter me in the Sweepstakes” box checked will constitute an entry in the Sweepstakes. There is no limit on the number of caches that can be submitted. All cache submissions are subject to the OpenCaching.com Terms of Use and Privacy Policy.

    In addition to entering by publishing an accepted cache, eligible persons may also enter the Sweepstakes without publishing caches by submitting an e-mail to geocaching@garmin.com with the subject line stating “Sweepstakes Entry”. Entrants must include their age, physical mailing address, and phone number. One entry per person per week is allowed through the e-mail entry method; any additional email entries per week will be disqualified.

    Each valid entry submitted shall remain in the potential winner pool until the end of the Sweepstakes, or until the submitter wins a prize in the Sweepstakes. Once a submitter wins a prize in the Sweepstakes, that submitter is not eligible to win any additional prizes, and all other entries submitted by such participant are void.

    Entries will not be acknowledged regardless of entry method used. Garmin and its affiliates assume no responsibility for any lost entries or any computer, internet, or technical malfunctions that might occur during the entry process. Normal Internet access and usage charges imposed by your online service will apply.

  6. ENTRY LIMITATIONS: Entries using automated means to generate entries or otherwise participate are not eligible. Use of any automated system to enter as determined by Garmin in its sole judgment is prohibited and will result in disqualification at Garmin’s sole discretion. Additionally, anyone found to be using multiple e-mail accounts to enter through the e-mail entry method will be disqualified from all participation in the Sweepstakes. ALL ELIGIBLE ENTRIES WILL BE ENTERED INTO THE SWEEPSTAKES. Entries by any method other than set forth in Section 5 are void. Garmin is not responsible for entries that it does not receive for any reason, or for entries that it receives but are ineligible under these Official Rules. Garmin will automatically disqualify: (1) any incomplete or illegible entry; and (2) all entries received from persons that exceed the entry limit described above for e-mail entries.

  7. PRIZES: The prizes and the number of each Prize to be awarded during the Sweepstakes Term will depend upon the number of valid entries in the sweepstakes. Limit 1 prize per entrant. Prizes in the Sweepstakes will be awarded by random drawing after a specified number of valid caches and email entries have been received, as follows:

    • After every 100 valid caches and email entries are received, a winner will be drawn for an OpenCaching Official Geocaching Kit (approximate retail value (“ARV”) of $19.99).
    • After 1,000 valid caches and email entries are received, a winner will be drawn for a Garmin Dakota 20 handheld mapping unit (ARV of $349.99).
    • After 2,000 valid caches and email entries are received, a winner will be drawn for an Garmin Oregon 450t handheld mapping unit (ARV of $499.99).
    • After 3,000 valid caches and email entries are received, and after each 1,000 valid caches and email entries thereafter, a winner will be drawn for a Garmin GPSMAP 62stc handheld mapping unit (ARV of $599.99).

    The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded. Each Prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Garmin, 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 as determined by Garmin in its sole discretion. Winners are responsible for any taxes associated with receipt of the Prize.

  8. DRAWING: The potential winner of each Prize will be chosen in a random drawing from the pool of valid entries within two business days of meeting the submission requirement for each Prize specified in Section 7. Odds of winning depend on the number of eligible entries received. The random drawings will be conducted by one or more employees of Garmin or an independent fulfillment entity.

  9. NOTIFICATION OF POTENTIAL WINNER: Garmin will attempt to notify the potential winners by phone, e-mail, and/or written mail within 5 business days of the drawing. If a winner of a Prize cannot be located or does not respond within 5 business days of contact from Garmin, the Prize may be forfeited and an alternate potential winner will be drawn from the pool of remaining valid entries. Garmin and its affiliates, or their respective officers, directors, employees, representatives and agents, will not be liable for unsuccessful efforts to notify a winner.

  10. REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited by law, the potential winner(s) will be required to complete and return an affidavit of eligibility (the “Affidavit”) within 5 days of being notified. If a potential winner fails to sign and return the Affidavit postmarked within the required time period, an alternate entrant may be selected in his/her place from all of the remaining valid entries received. If the potential winner declines the prize, does not respond to the prize notification, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, Garmin may select an alternate winner from all remaining valid entries received.

  11. PRIVACY: Garmin will be collecting personal data from the entrants and potential winners in order to confirm Sweepstakes eligibility. Garmin will treat this data in accordance with its privacy policy, located at http://www.garmin.com/privacy/. In addition, Garmin may use and share an entrant’s personal data with third parties solely to the extent necessary to fulfill its obligation to administer and sponsor this Sweepstakes.

  12. GENERAL CONDITIONS: Garmin reserves the right to cancel, suspend, and/or modify the Sweepstakes if any fraud, virus, or other technical problem corrupts the administration, security, or proper play of the Sweepstakes, as determined by Garmin in its sole discretion. The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification, entry or like sites or services that offer sweepstakes entry services “on behalf of” entrant) is strictly prohibited. In such event, Garmin reserves the right to award the Prizes at random from among the valid entries received up to the time of the impairment. Garmin reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any false information provided by any entrant concerning his/her identify or mailing address or any non-compliance by an entrant with these Official Rules may result in the immediate disqualification of the entrant from this Sweepstakes. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, GARMIN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Garmin’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  13. PUBLICITY: Notwithstanding any other term herein, except where prohibited by law, submission of any entry constitutes the entrant’s consent to use of his/her name, likeness, voice, state of residence, biographical and prize information, statements about the promotion and/or the entrant’s photo for advertising and promotional purposes in any media now known or hereafter devised without review, notification, approval or compensation.

  14. LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, each entrant agrees to release and hold harmless Garmin and its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”), from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including but not limited to: (a) any inaccurate information, whether caused by entrants or printer errors; (b) unauthorized human intervention in any part of the Sweepstakes; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any website, network, hardware or software; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries or winners; or (e) 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 party, from the entrant’s participation in the Sweepstakes or receipt of any prize. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THESE RULES AND IN THIS PROMOTION, INCLUDING THE PRIZES AWARDED, IS PROVIDED “AS IS” WITHOUT WARRANTY (OTHER THAN THE LIMITED PRODUCT WARRANTY ACCOMPANYING A PRIZE) OF ANY KIND, EITHER EXPRESS 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 OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL ENTRANTS . EACH ENTRANT SHOULD CHECK HIS/HER LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  15. DISPUTES: Except where prohibited by law, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Kansas; and (b) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages, including attorney’s fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Garmin in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kansas.

  16. WINNERS LIST: A copy of these Official Rules will be posted on http://www.garmin.com/rules/opencaching-opies-treasure-chest.html. Interested persons can obtain a list of the Sweepstakes winner(s) and a copy of these Official Rules by sending a self-addressed, stamped envelope to Garmin International, Inc., Attn: Jake Jacobson, 1200 East 151st Street, Olathe, Kansas 66062. Vermont residents may omit return postage for Official Rules requests.

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