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Name and Win a Seaward Kayak Contest Rules

Description of the Contest: The Name the New Kayak (the “Contest”) is designed to encourage contestants to create a name for Seaward kayaks newest kayak. Judges will choose the winning entries and the newly named kayak will be awarded in accordance with these Official Rules.
Sponsor: The Contest is sponsored Seaward Kayaks Ltd. with principal place of business at

3107 Henry Road
Chemainus, British Columbia
Canada V0R 1K4
Binding Agreement: In order to enter the Contest, you must agree to these Official Rules (“Rules”). The Rules consist of the terms and conditions on this page and the Entry Form and Consent Form (“Contest Materials”). You will be bound by these Rules and these Rules will form a legally binding agreement with respect to this Contest, please read them carefully. You may not submit an entry to the Contest and you will not be eligible for the prizes described in these Rules unless you agree to these Rules. You agree that registration for this Contest and/or a submission of an entry in the Contest constitutes your agreement to these Rules.
Eligibility: The Contest is open to Canadian and U.S. citizens over the age of 18. This Contest is void where prohibited.
Contest Period: The Contest begins at 12:00:00 A.M. Pacific Time (PT) on December 3, 2009 and ends on 11:59:59 P.M. Pacific Time (PT) on March 31st 2010.
How To Enter: Seaward Kayaks LTD. offers the option of uploading Contest entries electronically on the Website. Submissions must be received by Seaward Kayaks LTD. no later than 11:59:59 P.M. Pacific Time (PT) on March 31, 2010 to be considered eligible entries. Seaward Kayaks LTD. accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. Each Entrant may make only one submission.. All intellectual property and industrial property rights in any entries will become the property of Seaward Kayaks LTD., and will not be returned after the Contest.
Conduct: By entering the Contest, you agree to comply with and be bound by these Official Rules, which will also be posted on the Website. Failure to comply with these Rules may result in disqualification from the Contest. You further agree to comply with and be bound by the decisions of the judges, which are final and binding in all respects. Seaward Kayaks Limited reserves the right in its sole discretion to disqualify any Entrant it finds to be: (1) tampering or attempting to tamper with the entry process or the operation of the Contest; (2) violating the Official Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Seaward Kayaks Limited property or service; or (4) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, ownership of right or non-compliance with the Rules may result in the immediate elimination of an Entrant from the Contest. Seaward Kayaks Limited further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion infringes upon any law or otherwise does not comply with these Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROPERTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SEAWARD KAYAKS LIMITED RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Judging and Selection of Winners: All entries will be judged by the employees of Seaward Kayaks Ltd.: 1) artistic merit, 2) creativity, 3) theme communication, 4) appropriateness of the supporting statement, and 5) whether the submissions adhered to these Rules. Decisions of the judges are final and binding. If any winner is not able for whatever reason to accept their prize, then Seaward Kayaks Ltd reserves the right to award the prize to another Entrant.
Prize: The Winner will win a New Seaward Kayak Model of the Kayak that they named. Winner is responsible for all, as well as any other incidentals or costs associated with claiming the prize such as shipping and handling costs to their address. There is no cash alternative and the prizes must be taken as offered. Seaward Kayaks Ltd reserves the right to substitute prize(s) of an equivalent value should the prizes become unavailable for any reason.
Media Activity: By participating in this Contest, you agree and hereby grant Seaward Kayaks Ltd. permission to use, copy, modify and make available your submissions to the public (with or without attribution to you) for any purpose, such as, but not limited to, press and media communications, without further compensation to you. You also agree to participate in any media or promotional activity regarding the Contest. If you are a winner, you agree that Seaward Kayaks Ltd may use your name and likeness to administer and promote the Contest and to conduct media interviews and promotional events.
Privacy Notice: By participating in this Contest, you agree that we can collect your personal information, and that if we cannot collect the required data, you may not be eligible to participate in the Contest. Any personal information collected during the course of the competition by Seaward Kayaks Ltd will only be used for in house reference only.
General Conditions: This Contest is governed by the laws of Canada and the United States. All federal, state and local laws and regulations apply. By participating in this Contest, you agree to be bound by the terms of these Official Rules and by Seaward Kayaks Ltd decisions, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted within fifteen (15) days of attempted first notification will forfeit his or her prize. Potential prize winners may be required to sign, notarize and return an Affidavit or Declaration of Eligibility, a Liability/Publicity Release, an I.R.S. Form W-9, and provide any additional information that may be required by Seaward Kayaks Ltd. Failure to comply within this time period may result in disqualification and selection of an alternate winner. Seaward Kayaks Ltd is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. Each entrant agrees not to participate in the Contest in any manner that might (1) infringe any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; or (2) otherwise violate applicable law in any countries in the world.
No Recourse to Judicial or Other Procedures: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and you expressly waive any and all such rights.
LIMITATIONS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP INDEMNIFIED SEAWARD KAYAKS LIMITED AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM ANY ACT, DEFAULT OR OMISSION BY YOU AND/OR A BREACH OF ANY WARRANTY BY YOU SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP INDEMNIFIED SEAWARD KAYAKS LIMITED AT ALL TIMES FROM AND AGAINST ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES FOR OR IN RESPECT OF WHICH SEAWARD KAYAKS LIMITED WILL OR MAY BECOME LIABLE BY REASON OF OR RELATED OR INCIDENTAL TO ANY ACT, DEFAULT OR OMISSION BY YOU UNDER THESE RULES INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NON-OBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE RULES BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD SEAWARD KAYAKS LIMITED, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE CONTEST AND/OR USE OR ACCEPTANCE OF ANY PRIZE WON.
Third Parties: Seaward Kayaks Limited is not responsible for the policies, actions, or inactions of others, that might prevent you from entering, participating, and/or claiming a prize in this Contest.
Internet: Seaward Kayaks Limited is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Seaward Kayaks Limited is not responsible for theft or destruction or unauthorized access to or alterations of Contest materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Seaward Kayaks LTD. is not responsible for inaccurate transmissions of or failure to display Contest materials on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Seaward Kayaks Limited reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.
Severability: If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Winner List: The name of the winner will be posted on the Website within one month of the end of the Contest.

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