40th Anniversary Giveaway

THE SURFRIDER FOUNDATION 40TH ANNIVERSARY OPPORTUNITY DRAWING OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. OPEN TO ALL LEGAL UNITED STATES RESIDENTS, 18 YEARS OF AGE AND OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. YOU MUST HAVE ACCESS TO THE INTERNET TO ENTER.

1. SPONSOR: The Surfrider Foundation (“Sponsor”).
   
   
2. ELIGIBILITY:  The Surfrider Foundation 40th Anniversary Giveaway (“Giveaway”) is offered only to legal United States residents who are 18 years of age or older at the time of entry (each an “Eligible Entrant”).  Employees and Board of Directors members of Sponsor and any company or entity providing any Prize to be awarded in connection with the Giveaway (each a “Prize Provider”) and any of their owners, affiliates, directors, subsidiaries, and franchisees (collectively “Released Parties”) and their immediate family members are not eligible to participate in the Giveaway. All federal, state and local laws and regulations apply.
   
   
3. GIVEAWAY PERIOD: The Giveaway shall commence at 12:00:01 A.M. Pacific Time (“PT”) on August 12, 2024  and ends at 11:59:59 P.M. PT on August 22, 2024 (the “Giveaway Period”). Sponsor’s clock is the official clock for the Giveaway.
   
   
4. HOW TO ENTER: Eligible persons may enter the Giveaway on the Surfrider Foundation’s website, here: https://mygiving.surfrider.org/page/40years_Giveaway.  To submit an “Entry”, eligible persons must either make an online donation OR join Surfrider’s email or text message lists.
   
   
5. PRIZES, APPROXIMATE RETAIL VALUE (ARV), AND ODDS OF WINNING:  Sponsor shall randomly award four (4) prizes daily for the duration of the Giveaway (“PRIZE”), by random drawing using a random sorting of entrants from a Google Sheet, and conducted by Surfrider’s Membership Manager.  The Prizes are described as follows:  the first daily winner will receive a YETI 8 Hopper Flip cooler, and three additional daily winners will receive a Surfrider 40th Anniversary pint cup. A grand prize winner will be randomly selected on 8/22/24 from among  all entrants will receive a YETI 45 Tundra hard cooler, a custom YETI 46 oz Rambler water bottle, and a Surfrider license plate frame. The Approximate Retail Value (“ARV”) for the Daily Prizes are twelve dollars ($12) for the pint cup and two hundred dollars ($200) for the cooler. The Approximate Retail Value (“ARV”) for the Grand Prize is four hundred dollars ($400). The odds of winning any daily Giveaway will depend on the number of eligible Entries submitted for that Giveaway. Each Entry shall be equally weighted. Only up to one entry is allowed per individual each day.  Winner is solely responsible for reporting and paying all applicable federal, state and local taxes related to the prize.
   
   
6. RANDOM Giveaway DRAWINGS: At the end of each day during the Giveaway Period, Sponsor shall randomly select four (4) winners from all eligible Entries for the Prize (each a “Potential Winner”). If your Entry is drawn, you will be deemed the Potential Winner of the Prize, pending confirmation and verification of eligibility and compliance with these Official Rules.  Sponsor is not responsible for any Entry that is not successfully received, is incomplete or misdirected, in whatever format or for whatever reason, under any circumstances.
   
   
7. AWARD OF PRIZE: The person selected as a Potential Winner of the Giveaway, will be notified via email to the email address provided by an entrant who makes a donation or joins Surfrider’s email or text message lists. To claim the Prize, the Potential Winner must reply to Sponsor’s notification email by 5:00 P.M. PT on August 23, 2024, or within the time period indicated in the notification.  If the Potential Winner fails to respond to Sponsor by this deadline, Sponsor may select an alternate Potential Winner.  Before awarding a Prize, Sponsor may require the Potential Winner to furnish proof of identification and other proof of eligibility under these Official Rules and to execute and return an Affidavit of Eligibility, Publicity Release, and a tax acknowledgment form. All documents must be executed and received by Sponsor by 5:00 P.M. PT on August 23, 2024, or the prize may (in Sponsor’s sole discretion) be forfeited. If the Potential Winner is found to be ineligible or not in compliance with these Official Rules, or declines to accept the Prize, or Sponsor is unable to contact the Potential Winner, or in the event that the Prize or Prize Notification is returned undeliverable, the Potential Winner will forfeit the Prize, and Sponsor may, in its sole discretion, select an alternate winner. Prize will be delivered by 11:59 pm September 30, 2024, after all required forms are received. The right to receive a Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute prize of equal or greater value in case of unavailability of prize or force majeure.  
   
   
8.  TAXES, FEES, AND EXPENSES: The Prize winner is solely responsible for reporting and paying all applicable federal, state and local taxes related to the prize. The value of the prize awarded to a winner will be reported for tax purposes as required by law. A winner will be required to submit his/her/their social security number or taxpayer ID to the Sponsor in order to claim a prize. An IRS Form 1099 will be issued in the name of a winner for any prize valued at $600.00 or more. If a winner does not provide his/her/their social security number or taxpayer ID as requested by the Sponsor, the Winner will no longer be eligible to receive the Prize and the Prize will be forfeited.
   
   
9. PRIVACY AND DATA COLLECTION:  Upon entry into the Giveaway, Sponsor will collect certain information about entrants.  Please review Sponsor’s privacy policy at http://www.surfrider.org/pages/surfrider-foundation-privacy-policy.  By participating in the Giveaway, entrants agree to all of the terms and conditions of this privacy policy of Sponsor.
   
   
10. PUBLICITY / USE OF NAME AND LIKENESS:  Except where prohibited by law, entry in the Giveaway constitutes an entrant’s consent and permission to the Sponsor to use entrant’s names, age, city, state, photograph, voice, likeness, and/or image for any and all purposes in any and all media, including, but not limited to, for advertising and trade, without further permission, consent, payment, or other consideration. Residents in certain states may be subject to further requests for express written consent. Entrants represent and warrant that: (i) entrant has the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights, free and clear of all claims and encumbrances, without violating the rights of any person or entity, including, but not limited to, any right to privacy or publicity, and (ii) entrant hereby holds the Sponsor and its affiliates harmless from and against any third party claim.
    
    
11. LIMITATION OF LIABILITY:  Sponsor and the Released Parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable mail, e-mail, or other correspondence in connection with this Giveaway; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information.  Sponsor and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry into a particular Giveaway, your sole remedy is to receive another Entry into a different Giveaway, if and when such Giveaway arises. All Prizes are provided by the Prize Provider and not Sponsor. The applicable Prize Provider is solely responsible for any Prize provided by such Prize Provider and entrants acknowledge that except for delivering the Prize to the applicable Winner as required by these Official Rules, Sponsor has no obligation whatsoever with respect to such Prize, including, without limitation, any responsibility for any product warranties, whether express or implied by law. In the event of any complaint, issue, or failure related to any Prize, the applicable Winner shall look only to the Prize Provider for assistance or support and to the maximum extent permitted by applicable law, Sponsor will have no obligation, responsibility, or liability whatsoever with respect to any Prize except to deliver such Prize as required by these Official Rules and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Prize Provider’s sole responsibility. Each Entrant acknowledges that the Prize Provider is solely responsible for addressing any and all claims of such entrant or any third party relating to the use or possession of any Prize, including, but not limited to: (i) product liability claims; (ii) any claim that Prize fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    
    
12. BINDING NATURE, WAIVER, INDEMNIFICATION: By entering the Giveaway, entrant agrees: (a) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all rights to bring any claim, action, or proceeding against any of Sponsor or the Released Parties in connection with the Giveaway; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Giveaway, (ii) the Prize, (iii) typographical or printing errors in these Official Rules or any Giveaway materials, (iv) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (v) any interruptions in or postponement, cancellation, or modification of any Giveaway, (vi) human error, (vii) incorrect or inaccurate transcription, receipt or transmission of any Entry, (viii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (ix) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (x) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (xi) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xiii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (xiv) the negligence or willful misconduct by entrant.
    
    
13.  GENERAL:  These Official Rules are subject to and incorporated by reference within Sponsor’s Terms of Use (https://www.surfrider.org/pages/terms-of-use). If there is any conflict between the Terms of Use and these Official Rules, the Official Rules take precedence but only in relation to the Giveaway.
    
    
14. WINNERS’ LIST:  To receive notification of the winner, write your name and address on a 3"x 5” card and mail it in an envelope to: Winners List, Surfrider Foundation 40th Anniversary Giveaway, P.O. Box 73550, San Clemente, CA 92673. Winner List requests will only be accepted after the applicable Giveaway’ end date (listed on the applicable Giveaway Notification) and requests must be received no later than thirty days after such end date.