CHANNELKEEPER CHALLENGE REGISTRATION, RULES, WAIVER AND
RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: The Channelkeeper Challenge (“Challenge”) is open only to those who agree and accept the rules herein by clicking “I Agree” at the bottom of these rules, completing the registration form and clicking SUBMIT.
Participants must be at least 18 years of age as of the date of entry. The Challenge is only open to legal residents of the United States and is void where prohibited by law. The Challenge is subject to all applicable federal, state and local laws and regulations.
You may enter only once. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Santa Barbara Channelkeeper.
2. 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 Santa Barbara Channelkeeper as final and binding as it relates to the content. The Challenge is subject to all applicable federal, state, and local laws.
3. Challenge Challenge Period: Entries will be accepted starting on or about April 6, 2020 and ending December 31, 2020. All entries must be received by 11:59PM PST December 31, 2020.
4. Location of Activities Completed: An activity must be completed in Santa Barbara Channelkeeper’s geographic range of operation (Point Conception to the Ventura River watershed, Santa Ynez Mountains to northern Channel Islands) to be eligible to win a prize.
5. Frequency of Activities Completed: Participants may complete any activity more than once, but only one completion of any one activity may count toward the total number of activities completed to be eligible to win a prize.
6. Caution and Safety: Entrants warrant and promise they will exercise caution and great care while participating in any way in the Challenge to ensure the safety and property of themselves and the safety of the person and property of others.
7. How to Enter Activities Completed: Complete an activity described on the Channelkeeper Challenge flier or website (www.sbck.org/channelkeeperchallenge), photo-document yourself completing the activity, email the photo to Santa Barbara Channelkeeper at ChannelkeeperChallenge@sbck.org along with date, location and name of activity completed, and, optionally, post the photo and any content about your completion of the activity on Instagram and/or Facebook, and tag @sbchannelkeeper and #ChannelkeeperChallenge. Each entry must fulfill all 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 Santa Barbara Channelkeeper.
8. How to Win Prizes: Complete at least 20 of the activities by December 31, 2020, and you will be invited to a special Channelkeeper Challenge celebration party in early 2021. Participants who complete the most activities by December 31, 2020 will be eligible to win prizes as described in paragraph 9 below.
9. Prizes: Winners will receive prizes as follows: gift cards from winner’s choice of Patagonia, Deckers, SeaVees, Santa Barbara Adventure Co., and Riviera Towel Co. in the following amounts: 1st place – $500 gift card, 2nd place – $300 gift card, 3rd place – $200 gift card, 4th place – $100 gift card, 5th place – $50 gift card. The specifics of the prize shall be solely determined by Santa Barbara Channelkeeper. No cash or other prize substitution permitted except at Santa Barbara Channelkeeper’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Santa Barbara Channelkeeper to use winner’s name, likeness, entries and photographs for purposes of advertising and trade without further compensation, unless prohibited by law. In the event there are more than five eligible winners, a drawing will be held to select five from among them.
10. Odds: The odds of winning depend on the number of eligible entries received in the Challenge prior to December 31, 2020.
11. Winner selection and notification: Winners of the Challenge will be determined by Santa Barbara Channelkeeper based on the number of email submissions or postings on Facebook or Instagram of photographs clearly documenting completion of activities by participants. Winners will be notified via the email address provided on the registration form with within five (5) days following the winner selection. Santa Barbara Channelkeeper shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail, or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If a winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to complete the registration form and agree to and accept the rules and liability waiver as required, any prize will be forfeited and an alternate winner selected. The receipt by winner of the prize offered in the Challenge is conditioned upon compliance with any and all federal and state laws and regulations.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CHANNELKEEPER CHALLENGE AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
12. Rights Granted by you: By entering this contest you understand that Santa Barbara Channelkeeper, anyone acting on behalf of Santa Barbara Channelkeeper or its respective licensees, successors, and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your entry, including, without limitation, the entry, photographs, videos, and winner’s name, portrait, picture, voice, likeness, image or statements about the Challenge, and biographical information as news, publicity, or information and for trade, advertising, public relations, and promotional purposes without any further compensation.
13. Terms: Santa Barbara Channelkeeper reserves the right, in its sole discretion to cancel, terminate, modify, or suspend the Challenge should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Challenge. In such case, Santa Barbara Channelkeeper may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Santa Barbara Channelkeeper. Santa Barbara Channelkeeper 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 Challenge or website or violates these Rules. Santa Barbara Channelkeeper has the right, in its sole discretion, to maintain the integrity of the Challenge, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Challenge rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Challenge may be a violation of criminal and civil laws and should such an attempt be made, Santa Barbara Channelkeeper reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Challenge you agree to receive email newsletters periodically from Santa Barbara Channelkeeper. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the email newsletter.
14. Disputes: THIS CHALLENGE IS GOVERNED BY THE LAWS OF THE UNITED STATES AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Challenge, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Challenge, shall be resolved individually, without resort to any form of class action, exclusively before a court located in 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 actual out-of-pocket expenses (i.e. costs associated with entering the Challenge), and participant further waives all rights to have damages multiplied or increased.
15. Sponsor: The Sponsor of the Channelkeeper Challenge is Santa Barbara Channelkeeper, 714 Bond Ave., Santa Barbara, CA, 93103.
16. Limitation of Liability: By entering and participating in the Challenge, you agree to release and hold harmless Santa Barbara Channelkeeper 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, from (i) such entrant’s participation in the Challenge 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 Challenge; (v) electronic or human error which may occur in the administration of the Challenge or the processing of entries.
17. Waiver and Release from Liability and Indemnity Agreement: By checking the box below, you agree to the terms set forth in this paragraph.
I, Releasor, hereby waive, release and discharge SANTA BARBARA CHANNELKEEPER, INC., (SBCK), and its officers, directors, members, employees and other participants from any and all claims, rights and/or causes of action that I may hereafter have for injuries, losses and damages which may occur to or be inflicted upon me or my property, in consideration of the permission granted to me to participate in an activity or activities of the SBCK, and any instructions, suggestions, guidance or advice relating there to, including, but not limited to, the same which relate to or which my in any way arise out of:
A. any negligence of SBCK, or its officers, directors, members, employees and participants;
B. any attempt by Releasor, whether successful or not, to participate in any SBCK activity or to care for any animal;
C. any instruction, or lack thereof, provided to Releasor concerning the care, treatment or handling of any animal or otherwise in connection with any matter with which SBCK is associated;
D. any use or failure of use of any equipment, food, protective appliance, or other thing in connection with any SBCK activity; and
E. any rendering or failure to render any medical assistance, aid or attention in connection with any SBCK activity.
I hereby indemnify and agree to hold harmless those persons, firms or entities listed above from any and all claims, suits, liability, injuries, losses and damages to the person or property of any individual or entity which arises out of my participation in any SBCK activity or any use of or entry upon any facility, premises, place or thing used or provided by SBCK.
I represent and acknowledge that I am in good physical condition, am practically able to participate in SBCK activities, have sufficient equipment and expertise to so participate, and have investigated and become sufficiently familiar with the activities so that I am willing to undertake such activities at my own risk and without any reliance on SBCK or its agents. I am aware that the activities may constitute a hazardous activity, that naturally occurring conditions and things and artificially constructed conditions and things may exist, be utilized, traversed or encountered in connection with the activities and involve the risk of injury, death or damage to my me or my property, and that the activity is subject to mishap and that significant risks are associated with my participation in the activities. I am aware that animals, both on land at in waterbodies, are unpredictable and dangerous, can cause substantial injury and damage and that I may be injured or damaged by reason of my involvement with animals. I also understand that in any event involving competition may result in increased risk of harm from persons. I freely and voluntarily assume any risk of harm caused by my participation in any the same.
I acknowledge that there are no express or implied warranties of safety or a fitness of any person, animal, natural conditions or things or artificial conditions or things which may be involved in the activities and that the activities undertaken by me solely at my own risk. I am over the age of 18 (18 years) and, if married, have executed this document on behalf of myself, my spouse and my marital community. If I am accompanied by a minor, I execute this Waiver, Release and Discharge on behalf of said minor and warrant that I have authority to do so.
I WARRANT AND REPRESENT THAT I HAVE CAREFULLY READ THE RULES, WAIVER AND RELEASE, FULLY UNDERSTAND ITS CONTENTS AND KNOW THE TRUTHFULNESS THEREOF. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME AND SANTA BARBARA CHANNELKEEPER, INC., AND OTHERS AND SIGN IT OF MY OWN FREE WILL BY COMPLETING THE FORM AND CLICKING THE BOX BELOW.