MAGLITENATION March 2019 Maglite Spectrum Green Contest Rules

MAGLITENATION March 2019 Maglite Spectrum Green Contest Rules   Terms, Conditions and Rules (the “Official Rules”) for the MAGLITENATION 2019 Spectrum Green Contest (the “Contest”):   All entrants must read these Official Rules before entering the Contest. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.  
  1. Sponsorship: The sole sponsor of this Contest is Mag Instrument, Inc., a California Corporation headquartered at 2001 South Hellman Avenue, Ontario, CA 91761 (“Sponsor”).
  1. Object of the Contest: Share your best In-Use Maglite® flashlight Images and Videos. Enter for a chance to win by sharing your own memorable experience.
  1. Eligibility: The Contest is open only to those who are at least 21 years old as of the date of entry, are legal residents of the United States of America, and have joined the MAGLITENATION Newsletter. Employees of MAG INSTRUMENT, INC. (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and those living in the same household of each are ineligible to participate in the Contest, which is subject to all applicable federal, state and local laws and regulations. Only one (1) prize per household in any MAGLITENATION contest within any ninety (90) day period. All entries are subject to verification and approval by the Sponsor. Void where prohibited.
  1. Agreement to Rules: By participating, you agree to be fully, unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of MAG INSTRUMENT, INC. as final and binding as they relate to the Contest.
  1. Contest Period: Entries will be accepted online starting on March 7th, 2019 and ending March 18th, 2019. All online entries must be received by 11:55 PM PST, March 18th, 2019.
  1. How to Enter: The Contest may only be entered via submitting one or more entries using the online form(s), provided on this Contest site. (Entries submitted by mail or fax, for example, will not be accepted.) Each entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of MAG INSTRUMENT, INC. You may enter in as many times as you wish, but each entry must be separate and complete. You must fill in all the information requested on each entry form. To be valid, each entry must include the submission of at least one photograph or video that corresponds to the topic (to be submitted in the form of one or more digital files uploaded to this Contest site). Attempting repetitive entries of the same image and/or story (e.g., by using multiple email addresses, identities or devices in an attempt to circumvent the rules) is grounds to disqualify you and cancel your eligibility at the sole discretion of MAG INSTRUMENT, INC.  You may enter only if you joined the MAGLITENATION newsletter. Contest entry form available online via MAG INSTRUMENT, INC. website or  - To join the MAGLITENATION, click here.
  1. Prize: Number of Winners: Four (4) separate winners will be selected. Winner will receive One (1) of the following Maglite® products chosen via random selection: One (1) Maglite® XL50® LED Spectrum Series Green Flashlight – Retail Value approximately $59.00 USD, One (1) Mini Maglite® AA LED Spectrum Series Green Flashlight – Retail Value approximately $39.50 USD, One (1) Mini Maglite® AAA LED Spectrum Series Green Flashlight – Retail Value approximately $31.50 USD, or One (1) Maglite® Solitaire® AAA LED Spectrum Series Green Flashlight – Retail Value approximately $27.00 USD. Actual/appraised value may differ at time of prize award. No cash or other prize substitution permitted except at the Sponsor’s discretion. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes, and shall be the sole responsibility of the winner. No substitution of prizes or transfer/assignment of prizes to others, or requests for the cash equivalent by winner, are permitted. Acceptance of a prize constitutes permission for MAG INSTRUMENT, INC. to use winner’s name, likeness, and entry materials, including all submitted photographs and stories, for purposes of news, publicity or information and for trade, advertising, public relations and promotional purposes without further compensation.
  1. Odds: A total of One (1) prize will be awarded to a single winner without regard to how many photos and stories the winning entrant has submitted with his/her entry. The odds of winning cannot be predicted in advance, as those odds will depend on the number of eligible entries received.
  1. Winner selection and notification: The winner of the Contest will be selected under the supervision of the Sponsor, by one or more contest judges appointed by the Sponsor. Contest criteria, which will be applied in the sole discretion of the contest judge(s), will include the overall quality of the photograph(s) and story submitted. The decision of the contest judge(s) will be final. Winner will be notified via email to the email address under which he or she entered the Contest with within five (5) business days following the winner selection. MAG INSTRUMENT, INC. shall have no liability for a winner’s failure to receive notices due to winner’s spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within seven (7) days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. Winner will be required to submit his/her mailing address to MAG INSTRUMENT, INC., for shipping purposes (U.S. street addresses only; no P.O. boxes.). Allow 3-4 weeks for delivery of prize(s).
  The receipt by winner of prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER SHALL (AT SPONSOR’S SOLE DISCRETION) RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.  
  1. Rights Granted by you: All stories and photographs, including their associated digital files, that are submitted by entrants in this Contest, whether they are associated with winning entries or not, become the property of MAG INSTRUMENT, INC. By submitting one or more photographs and stories to this Contest, you warrant that you are the author of the photograph(s) and stories and the owner of all rights therein, with full right to bargain and transfer such rights. You irrevocably grant to MAG INSTRUMENT, INC., to anyone acting on behalf of MAG INSTRUMENT, INC., and to its respective licensees, successors and assigns, a fully-paid-up perpetual license under worldwide copyright laws to produce derivative works from each such photograph and story and to print, copy, reproduce, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter developed, in perpetuity and throughout the World, for purposes of news, publicity, trade, advertising, public relations and promotional purposes, each such photograph and story and each such derivative work as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. In addition, and notwithstanding any rights of privacy and/or publicity that might otherwise obtain, you also irrevocably grant to MAG INSTRUMENT, INC., to anyone acting on behalf of MAG INSTRUMENT, INC., and to its respective licensees, successors and assigns, a fully-paid-up perpetual license to make use, for the same purposes, of any other content of your entry, including, for example and not by way of limitation, your name, portrait, picture, voice, likeness, image or statements about the Contest and/or about Mag Instrument and any product, policy or practice of Mag Instrument, and biographical information that you have supplied to MAG INSTRUMENT, INC.   Nothing in these Official Rules, however, shall be construed to impose on MAG INSTRUMENT, INC., any duty or obligation to give any publicity to you or to any photograph, story or other material submitted by you.
  1. Terms: MAG INSTRUMENT, INC. reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest should a virus, bug, non-authorized human intervention, fraud or other cause beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, MAG INSTRUMENT, INC. may select the prize recipient from all eligible entries received prior to and/or after (if appropriate) the action taken by MAG INSTRUMENT, INC. MAG INSTRUMENT, INC. reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions.
  MAG INSTRUMENT, INC. has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to, repetitive entries from the same entrant using the same photograph(s) and/or the same story, including but not limited to multiple entries from different IP addresses; from the same computer in excess of the number allowed by these Official Rules; or effected through the use of bots, macros, scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, MAG INSTRUMENT, INC. reserves the right to pursue and enforce, to the fullest extent, any and all legal, equitable, civil and criminal remedies, including, without limitation, damages, fines and criminal prosecution.   By entering the Contest you agree to receive email newsletters periodically from MAG INSTRUMENT, INC. You can opt out of receiving these communications at any time by clicking the unsubscribe link in the MAGLITENATION newsletter. This Contest is not sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, YouTube, or Pinterest.  
  1. Limitation of Liability: By entering you agree to release and hold harmless MAG INSTRUMENT, INC. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, relating to or arising from (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error which may occur in the administration of the Contest or the processing of entries; (iv) any malicious act by a third party (e.g., by hacking, by the introduction of a virus or malware, by the mounting of a denial-of-service attack, or the like).
  1. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF the United States of America AND the State of California WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved amicably between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in San Bernardino County, California having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s reasonable and proven costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
  1. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the MAG INSTRUMENT, INC. website, except to the extent that the range of permissible uses of collected materials and information is expanded by these Official Rules (e.g., by each entrant’s agreement to the provisions of Paragraphs 10 and 11 of these Official Rules) To read the Privacy Policy, click here.
  1. Naming of Winner: To obtain a copy of the winners’ name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to:
MAG INSTRUMENT, INC., 2001 South Hellman Avenue, Ontario, CA 91761 prominently marked “ATTENTION: MARCH 2019 MAGLITENATION CONTEST ADMINISTRATOR.” Requests must be received no later than April 15th, 2019.