OpenCaching.com “Chirp-a-Day” 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 fifty (50) United States (excluding Rhode Island and Puerto Rico residents) or the District of Columbia and are eighteen (18) years of age or older at the time of entry. Employees and their immediate families of Garmin International, Inc. 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 International, Inc. located at 1200 E. 151st Street, Olathe, KS 66062 is the sole sponsor of this promotion (“Garmin”).

  4. SWEEPSTAKES TERM: The Sweepstakes begins at 12:01 a.m. Central Time (“CST”) on Tuesday, February 15, 2011 and will continue until 11:59 p.m. on Saturday, April 30, 2011 (the “Sweepstakes Term). Entries received prior to or after the Sweepstakes Term will be disqualified.

  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 or more caches to the OpenCaching.com site (which requires cache approval per the OpenCaching.com Terms of Use) during the Sweepstakes Term will have an opportunity to submit a Sweepstakes entry for each cache published. For example, a user who publishes one (1) cache on a given day during the Sweepstakes Term will receive an opportunity to submit one (1) Sweepstakes entry. Likewise, a user who publishes four (4) caches on a given day during the Sweepstakes Term will receive an opportunity to submit four (4) entries for that day, and so on. The entry process resets after each day so that a user can submit new entries each day during the term by publishing new caches on different days. Publishing a cache does not automatically constitute a Sweepstakes entry; the user will instead need to check the “Enter me in the Sweepstakes” box when publishing a cache to designate his/her desire to submit a Sweepstakes entry. All cache submissions are subject to the OpenCaching.com Terms of Use and Privacy Policy.

    In addition to entering by publishing caches, 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 will need to include their age, physical mailing address, and phone number. Only one entry per day is allowed through the e-mail entry method per person.

    Entries will not be acknowledged for either method. Garmin and its affiliates do not assume any 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 Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s sole discretion. Additionally, anyone found to use multiple e-mail accounts to enter in excess of one time per day through the e-mail entry method will be ineligible. ALL ELIGIBLE ENTRIES WILL BE ENTERED INTO THE SWEEPSTAKES FOR THE APPLICABLE SWEEPSTAKES TERM. Entries by any method other than set forth in Section Five (5) are void. Garmin is not responsible for entries that we do not receive for any reason, or for entries that we receive but are ineligible under this Rules. We will automatically disqualify: (1) any incomplete or illegible entry; and (2) any entries received that are in excess of the entry limit described above for e-mail entries.

  7. DAILY PRIZE: One chirp™ geocaching beacon will be awarded for each calendar day of the Sweepstakes Term. Limit one (1) potential prize per entrant. If a person is selected as the random winner of the daily chirp prize, then that person will be ineligible from future drawings during the Sweepstakes Term. Each chirp has an approximate retail value (“ARV”) of $22.99. 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 daily Prize will be chosen in a random drawing from the pool of valid entries for a given day within two business days following the end of each calendar day during the Sweepstakes Term. Each calendar day runs from 12:00 a.m. to 11:59 p.m. each day. Odds of winning depend on the number of eligible entries received per day. 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 winner by phone, e-mail, and/or written mail within five (5) business days of the drawing. If a winner of a Prize cannot be located or does not respond within five (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 received on the day in question. 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 five (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 qualifying entries received on the day in question. 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 eligible entries received on the day in question.

  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 your 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 eligible 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, you agree 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 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 you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.

  15. DISPUTES: Except where prohibited by law, 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; (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.html. You 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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