Boating Giveaway Terms & Conditions

SIONYX and RAM Mounts Navigate the Night Giveaway Official Rules

 NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

Sweepstakes may only be entered in or from the fifty (50) United States and the District of Columbia, excluding Rhode Island and Hawaii (the “Territory”). The Sweepstakes is governed by these Official Rules.

BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR WILL BE RESOLVED. SCROLL DOWN TO SECTION 11 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR EXCLUDED.

1. PROMOTION PERIOD. The Navigate the Night Giveaway (the “Sweepstakes”) starts at 12:00 a.m. Eastern Time on February 9, 2022 and ends at 11:59 p.m. Eastern Time on February 21, 2022 (the "Sweepstakes Period"). All entries must be received during the Promotion Period and meet other requirements in these Official Rules to be eligible to win a prize. Drawing will be held February 24, 2022. Winner will be announced after the potential winner is verified and confirmed.

2. WHO IS ELIGIBLE TO ENTER/TO WIN. Participation is open only to natural persons who are legal residents of the Territory and who are at least eighteen (18) years of age at the time of entry. Any person who on or after the beginning of this Sweepstakes was or is (a) a director, officer, employee, agent, or independent contractor of Sponsor; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist with the creation, administration, advertising, or management of the Sweepstakes; or (c) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother, daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories are NOT eligible to participate. Each person who participates in the Sweepstakes (“Participant”) unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be final and binding with respect to all aspect of the Sweepstakes.

Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.

3. HOW TO ENTER. To enter the Sweepstakes during the Sweepstakes Period, you must do all of the following: On the Sponsor’s website, follow the link provided and complete the required information on the entry form (an “Entry”).

LIMIT: Maximum One (1) Entry per Participant throughout the Sweepstakes Period.

Any attempt by Participant to obtain more than the stated number of entries by using multiple/different identities, email addresses and/or any other method will void all of that Participant's Entries. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the email account (provided via the entry form) is registered ("Authorized Account Holder"). The Authorized Account Holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses, or the domain associated with the submitted email address. Sponsor will not verify receipt of entries for Participants. All entries submitted become the sole property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, misdirected, damaged, or otherwise non-received Entries, which will be disqualified. Proof of transmission is not proof of receipt. Sponsor’s computer is the official timekeeping device for the Sweepstakes. No automated entry devices, bots, spiders, mechanisms, programs, or otherwise are permitted.

4. ODDS/DRAWING. The odds of winning a prize will depend on the number of eligible Entries received. Winner will be selected in a random drawing from among the eligible Entries received during the Sweepstakes Period and will occur within approximately three (3) days after the end of the Sweepstakes Period.

5. NOTIFICATION. Each potential winner will be notified via email using the contact information supplied at the time of entry. The notification will include instructions on how to contact Sponsor to provide name, address or other information that may be necessary to complete validation of eligibility, obtain and complete Prize Claim Documents, and delivery of prize. No liability is assumed for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If a potential winner does not respond within three (3) days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If a potential winner is found to be ineligible, has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Decisions of Sponsor regarding Prize eligibility and determination are final. All potential winners are subject to verification by Sponsor.

6. PRIZES. There are two (2) total winners/prizes. Each winner will receive one prize of: one (1) SIONYX Aurora Pro (Approximate Retail Value (“ARV”): $999); one (1) Apple iPad 10.2-inch iPad WiFi 64GB - Space Gray (ARV: $329); one (1) RAM® Tough-Ball™ Camera Mount with RAM® Tough-Claw™ Small Clamp Base (ARV: $70.49); one (1) RAM® X-Grip® Universal Holder for 9"-10" Tablets (ARV: $88.49); one (1) RAM® Tough-Claw™ Medium Clamp Double Ball Mount with Round Plate (ARV: $82.99).

LIMIT: Maximum one (1) prize(s) per person.

Prizes are non-transferable, and no cash alternative or prize substitution will be allowed, except in Sponsor’s sole and absolute discretion. A substitute of comparable or greater value may be awarded if any prize listed becomes unavailable for any reason. Potential winner is responsible for any federal, state, and/or local taxes due as a result of acceptance of the prize, and for any other fees or costs associated with acceptance or use of any prize not expressly included in the prize description. Winners of prizes valued at $600 or more will be issued an IRS Form 1099 for the value of the prize. The prize may not be assigned or changed except at the sole and absolute discretion of Sponsor. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

7. PRIZE CLAIM DOCUMENTS. The Prize Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Sponsor), Release of Liability, a Publicity Release (where lawful), a Federal IRS form W-9 for tax filing purposes (for the year a prize is received), and such other documents as may be determined by Sponsor. All Prize Claim Documents must be returned as provided in the directions to the potential winner. Prizes that require shipping to the winner will ship approximately four (4) to six (6) weeks from date of verification. If verification of any information provided results in forfeiture, no prize will be awarded to that individual. Upon prize forfeiture, no compensation will be given.

8. RELEASE. By receipt of any prize, winner agrees to release and hold harmless Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies, subsidiaries, affiliates, partners, officers, directors, employees, agents, successors, and assigns (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy.

9. GENERAL PROVISIONS.

Sponsor reserves the right to cancel, suspend and/or modify any Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole and absolute discretion. In such event, Sponsor, in its sole and absolute discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered in the Sweepstakes. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules or in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or (7) any maintenance, service charge(s), account activation or monthly fees, repairs, replacement, insurance, or any expense related to ownership of any prize. If for any reason a Participant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another Entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Sponsor makes no warranty that the website interface and any content, features, or functionality offered thereon will meet any requirement or will be uninterrupted, timely, secure, or error-free; or there will be no errors in the website interfaces or any content, feature, or functionality offered thereon. Sponsor shall not be responsible for any damage caused to your computer, mobile device, or data, or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of any entry or prize draw interfaces or any content obtained from any third-party services.

10. LIMITATION OF LIABILITY. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND 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.

11. GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR IS RESOLVED.

A. Governing Law. Unless otherwise required by the laws of your jurisdiction, all claims arising out of the Sweepstakes and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights of Participant(s) shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes shall be resolved individually, without resort to any form of class action.

B. Process. Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Sweepstakes shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA (the “AAA Rules”). This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the AAA Rules or at such location as may be mutually agreed by the Participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, together with any of the other agreements referenced herein that the Participant may have entered into in connection with the Sweepstakes. To the extent permitted by law, Participant agrees that under no circumstances will the Participant be permitted to obtain an award for, and Participant hereby waives all rights to, consequential, incidental, or punitive damages, and any and all rights to have damages multiplied or otherwise increased.

C. No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.

D. Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, the Administrator, or any Released Party (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.

E. No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.

F. Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.

G. Change of Laws. If, at any time during the Sweepstakes Period or during the winner verification and prize delivery, any change, modification, repeal of any existing law, regulation, or legal determination, or any new laws, legislation, or regulations, become effective that will make any prize illegal, alter the winner verification process, or affect the prize delivery, Sponsor may distribute a cash prize for the wholesale or dealer cost of the prize, as determined by Sponsor.

12. PUBLICITY. Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

13. USE OF DATA. Sponsor will be collecting personal data about Participants in accordance with its Privacy Policy at https://www.sionyx.com/policies/privacy-policy. By participating in the Sweepstakes, Participants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

14. WINNERS LIST. The first name, last initial, city and state of the winner(s) in the Sweepstakes will be available on the home page of the Sponsor’s website for at least ninety (90) days after the end of the Sweepstakes Period.

15. SPONSOR. SiOnyx, LLC, 100 Cummings Ctr, Suite 303B, Beverly, MA 01915.

This Sweepstakes is in no way sponsored, endorsed or administered by any social media platform or entity, including but not limited to Facebook, Twitter, Instagram, Google, Snapchat, Pinterest, or any other third party not specifically designated by Sponsor.