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boats.com March Giveaway Official Contest Rules

OFFICIAL CONTEST RULES

1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

2. Eligibility. The boats.com March Giveaway (the “Contest”) is open to U.S. residents (excluding Puerto Rico) 18 years old or older at the time of entry. Employees and their immediate family (parent, child, sibling and spouse of each) and individuals residing in the same household (whether or not related) of boats.com (“Sponsor”), United Advertising Publications, Inc., or Dominion Enterprises, and any of their affiliates, subsidiaries, advertising and promotion agencies, and all other entities or individuals associated with the development, administration, or fulfillment of the Promotion (collectively, the “Entities”) are not eligible to win. The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited.

3. Entry. The Contest will begin at 9 a.m. (EST) on March 25, 2013, and all entries must be submitted by 11:59 p.m. (EST) on April 8, 2013 (the “Contest Period”). The following rules apply to each submission:

Visit the specified blog.boats.com post (“the blog”) and leave a comment telling us why you love boats.com to enter. A maximum of one entry is allowed per user, and the user must be logged in with a valid email address when submitting the comment to the blog. If you are unable to comment, you may email Lauren.devlaming@boats.com to enter.

All entrants hereby agree that upon submission of their comments, boats.com shall have an unlimited license to reproduce the comments, and create any derivative works of the Board in perpetuity, including but not limited to editorial content regarding the comments, and that boats.com, Inc. shall have the right to publish in any media whatsoever the comment (including any reproduction or derivative work) and use it in perpetuity, the entrant’s name and likeness for any lawful purpose, including promotional purposes, without further compensation. By entering the contest, entrant represents that entrant created the comment for his/her entry into this Contest. Upon entry, each entrant (on behalf of him/herself and his/her child/children) also releases boats.com from all liability arising from his/her entry in the Contest and use of the prizes, and agrees to sign any additional documentation which boats.com may reasonably request addressing this or any other Contest rules. boats.com reserves the right to request from any entrant additional documentation it reasonably believes is necessary to validate any entry or award any prize.

boats.com, Inc. (“Sponsor”) will not be responsible for incomplete, lost, late, post-due, misdirected, copied, transferred or illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the email account from which they were sent. For these purposes, an email account holder shall mean the natural person assigned to such email account by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account. You acknowledge that in posting your comment it will be freely accessible to the public and you grant boats.com the right to so display. Any questions regarding the number of entries submitted or the owner of an email account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest.

4. Prizes and Odds. Five (5) Winners will be selected from among all eligible entries received during the Sweepstakes Period. Each Winner shall receive One (1) boats.com drink coozie. Contest may be presented in multiple presentations and in other media.

5. Limit one (1) entry per registered user. Entrants may not enter the contest with multiple email addresses or under multiple identities.  Incomplete and/or duplicate entries are not permitted and will be deemed void. The use of any device to automate the entry process is absolutely prohibited, and any such entries shall be void. Voting more than one (1) time by or on behalf of the same registered user or use of any device or artifice to circumvent the Official Rules will result in ineligibility with respect to all videos submitted by or on behalf of that registered user.

6. Judging. Winners will be selected on or about April 9, 2013, from among all eligible entries received by April 8, 2013. By participating, entrants agree to be bound by the Official Rules and the decisions of the judges, which shall be final and binding in all respects. Judging will be done using digital randomization software.

7. Winner Notification and Acceptance. Winners shall be notified via email on or about April 10, 2013. Return of prize notification as undeliverable may result in disqualification and an alternate winner may be selected. Winners may waive their right to receive prizes. Prizes are nonassignable and nontransferable. No substitutions allowed, except that prizes and individual components of prize packages are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value. Winners are solely responsible for reporting and payment of any taxes on prizes. Winners may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law) which must be returned within five (5) days of date of email transmission. Failure to sign and return the affidavit or release within five (5) days, or to comply with any term or condition of these Official Rules, may result in a winner’s disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to an alternate winner. Except where prohibited, participation in the Contest constitutes entrant’s consent to the publication of his or her name, biographical information and likeness in any media for any commercial or promotional purpose, without limitation or further compensation. For a winner list, visit http://blog.boats.com/or send a self-addressed, stamped, business-size envelope after [April 10, 2013] to Sponsor at the address listed below, Attn: Sweepstakes Request (Lauren de Vlaming). Residents of WA and VT may omit return postage. Sponsor: boats.com 150 Granby Street, 11th Floor, Norfolk, VA 23510

8. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date.

9. Disclaimers. By entering, participants acknowledge and agree that the Sponsor and their respective corporate parents, subsidiaries, and affiliates, and the officers, employees and agents of each of them (collectively, the “Contest Entities”) will not be liable for losses or injuries of any kind resulting from any participant’s acceptance, possession, use and/or misuse of any prize(s), travel to or from any prize-related activity, participation in the Contest, printing, mailing or distribution errors, or any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof. Without limiting the generality of the foregoing, the Contest Entities will not be responsible or liable for any injury or damage to any participant’s or third person’s computer and/or its contents, related to or resulting from the Contest. Sponsor reserves the right to terminate, suspend or modify the Contest if, at its sole discretion, it determines that for any reason the Contest is not capable of running as originally planned, or fraud, technical failures, printing, mailing or distribution errors, or any other unanticipated causes or occurrences have compromised the fairness or integrity of the Contest. In the event the Contest is terminated prior to the stated end date, Sponsor reserves the right to award all prizes in a random drawing from among all eligible entries received as of the date of termination.

10. Privacy and publicity. Sponsor will collect personal data from Entrants and voters, and this information may be used for the purposes of administering the Promotion, publicizing the Promotion, and other promotional purposes that benefit the Sponsor. Unless prohibited by law, participation in the Promotion constitutes each Entrant’s consent for Sponsor to use the Entrant’s name (or username), age, hometown, and state of residence for Promotion or promotional purposes in any media now known or later developed, without payment or consideration to the Entrant.

11. General Release. By entering the Promotion and/or accepting a prize, each Entrant (for himself/herself and his/her heirs) hereby releases Sponsor, the Entities, and all of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, governors, employees, shareholders, and agents (collectively, the “Releasees”) from any and all liability, loss, harm, damage, cost, expense, or claims including, but not limited to, third party claims based on: (i) publicity and/or privacy rights, defamation, and intellectual property associated with the Entrant or winner’s participation in the Promotion, redemption of any prize in connection with the Promotion, and/or use or misuse of any prize in connection with the Promotion, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) anything related to the production, promotion, or execution of the Contest (or participation therein), including preemption, cancellation, or rescheduling; and (iii) anything that may occur in connection with acceptance and/or use of the prizes or while participating in the Promotion, even if caused or contributed to by the negligence of Releasees.

12. Construction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any contestant and Sponsor, shall be governed by, and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules or provisions (whether of Virginia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Virginia. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

13. Sponsor. The boats.com March Giveaway is sponsored by boats.com, whose decisions regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. If you have any questions regarding this Contest, please contact Lauren de Vlaming at lauren.devlaming@boats.com.

14. Limitation of liability. Google+ has no liability or responsibility for any aspect of this contest.  Boats.com is solely responsible for this Promotion and for compliance with all applicable federal, state and local laws, rules and regulations in the jurisdiction(s) where the Promotion is offered or promoted. It does not in any way conflict with the Google+ Buttons Policy, Privacy Policy or Google+ Pages Additional Terms of Service and does not use Google+ features or functionality as a required part of the Promotion. Google has the right to remove this Promotion content or links from Google+ for any reason.

Sponsor agrees to defend, indemnify and hold harmless Google, its parent corporation, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Sponsor’s use of and access to Google+ for this Promotion; (ii) Sponsor’s violation of any term of these policies; (iii) any violation within Sponsor’s Promotion of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim from any third party relating to or arising from the Promotion; or (v) any claim that the Promotion violates any law, rule or regulation. This defense and indemnification obligation will survive the termination of the service, changes to these policies and use of Google+.

Neither Sponsor nor any other Releasee shall be responsible for non-conforming, lost, late, stolen, misdirected, illegible, or incomplete entries. Neither Sponsor nor any other Releasee shall be responsible for any incorrect or inaccurate information, whether caused by Sponsor, Releasees, Entrants, tampering, or by any of the equipment or programming associated with or utilized in the Promotion, and neither Sponsor nor any Releasee shall assume responsibility for any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Contest, or for any damage to the Entrant’s computer related to or resulting from participating in the Promotion. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual found to be tampering with the entry process, or the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner; or with intent or apparent intent to annoy, abuse, threaten, embarrass, harm, or harass, in any way, any other person. If for any reason the Promotion is not capable of running as planned by reason of, but not limited to, business or market circumstances, force majeure, public health concerns, tampering, unauthorized intervention, actions by entrants, fraud, or any other causes which, Sponsor in its sole and absolute discretion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, or suspend the Promotion or any portion thereof by posting a notice on the Website. If the Promotion or any portion of the Promotion is terminated before the end of the Promotion Period or the Voting Period, Sponsor will select winners or the remaining winners from all eligible entries received as of the termination date of the Promotion. In no event will sponsor or any releasee be responsible or liable for any injuries, claims, actions, damages, losses, or liability of any kind, including direct, indirect, incidental, consequential, or punitive damages resulting from or arising from participation in, or the production, promotion, or administration of, the promotion, or acceptance, possession, use, misuse, or nonuse of a prize that may be awarded. Without limiting the foregoing, all prizes are 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 liability for incidental or consequential damages 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. Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the promotion is a violation of criminal and civil laws, and should any such attempt be made, sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

15. Miscellaneous. By participating in the Promotion, each Entrant agrees to be bound by these Official Rules and the decisions or interpretation of Sponsor regarding the Official Rules, which are final and legally binding in all respects. Non-compliance with these Official Rules shall result in disqualification from the Contest. An individual is not a winner until he/she has fully complied with these Official Rules. Entrants hereby waive any right to claim ambiguity in these Official Rules. This Promotion will be administered in the State of Virginia, and by participating, all Entrants hereby agree that the laws of the State of Virginia will apply exclusively to the Promotion and that any dispute with respect to this Promotion will be resolved in either the federal or state courts located in the State of Virginia.

SPONSOR: boats.com, Inc. 150 Granby Street, Norfolk, VA 23510.

ADMINISTRATOR: boats.com

boats.com® is a registered trademark of boats.com, a division of Dominion Enterprises

Google+® is a registered trademark of Google, Inc.  Use of Google, Inc.’s  Google+ trademark does not in any way imply any affiliation with, or endorsement or sponsorship of boats.com®, Dominion Enterprises or this contest by Google, Inc.

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