DEEK AND BRYAN’S SNOWPACK PAYBACK REBATE OFFER OFFICIAL RULES

 

CONDITIONAL REBATE OFFER IS VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. THE FOLLOWING CONDITIONAL REBATE OFFER IS VALID ONLY TO QUALIFYING CUSTOMERS (AS DEFINED BELOW), AND SHALL ONLY BE AWARDED TO QUALIFYING CUSTOMERS IN THE EVENT OF THE CONDITIONAL REBATE ACTIVATION REQUIREMENTS BEING SUCCESSFULLY ACHIEVED PER REQUIREMENTS BELOW.

 

By participating in Deek and Bryan’s Snowpack Payback Rebate Offer (the “Conditional Rebate Offer” or “Offer”), you unconditionally accept and agree to comply with, and abide by, these Official Rules (“Official Rules”) and the decisions of Next Adventure, Inc. (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects.

 

QUALIFICATION PERIOD: The Qualification Period for the Conditional Rebate Offer begins at 12:01 AM Pacific Time (“PT”) on Saturday, October 15, 2022 and ends at 11:59 PM PT on Thursday, December 15, 2022 (the “Qualification Period”). The Conditional Rebate Offer is subject to all applicable federal, state, and local laws and regulations.

 

WHO MAY PARTICIPATE: The Conditional Rebate Offer is open to legal residents of the 50 United States and the District of Columbia, who are age 18 or older as of the date of qualification. Void in Puerto Rico, Guam, the U.S. Virgin Islands, all other U.S. Territories and Possessions, outside the 50 U.S./D.C., and wherever else prohibited by law. Employees of the Sponsor, Administrator, and their immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to participate.

 

HOW TO PARTICIPATE – QUALIFYING CUSTOMERS, QUALIFYING PURCHASES AND OFFER ENTRY: To become a “Qualifying Customer” and eligible for the Conditional Rebate Offer, a customer must complete the following two (2) steps (collectively the “Offer Entry”):

• Step One: Purchase, in a single transaction, during the Qualification Period, $1,000 or more (excluding sales tax and shipping/handling) of qualifying product(s) from any of the participating locations (listed below) or www.nextadventure.net (the “Qualifying Purchase”). 
• Step Two: Opt-in to the Offer by visiting www.nextadventure.net/snowpack-payback, complete the Opt-In Offer Form, including your full name, email address, phone number, mailing address and the receipt number from your Qualifying Purchase receipt, and follow the instructions to agree to the Official Rules and opt-in to the Offer and submit (the “Offer Opt-In”).

 

For avoidance of doubt, completing a Qualifying Purchase alone will NOT result in earning an Offer Entry and becoming a Qualifying Customer that is eligible for the Conditional Rebate Offer. Participants must complete BOTH the Qualifying Purchase and Offer Opt-In as described above to receive an Offer Entry. Offer Entries must be received between 12:01 AM PT on Saturday, October 15, 2022 and 11:59 PM PT on Thursday, December 15, 2022.

 

Participating locations for this Conditional Rebate Offer are:

 

Qualifying Purchases are non-cancellable, non-returnable, paid-in-full purchase of qualifying products from the Sponsor during the Qualification Period. Layaway sales, gift cards, used gear, rentals, special orders of out-of-stock merchandise, sales tax, and shipping costs are excluded. In the event of a dispute over categorization of Qualifying Products, the final decision shall be at the sole discretion of the Sponsor.

 

Qualifying Customers must have made a binding (non-refundable, non-cancellable and non-returnable) Qualifying Purchase, completed all financial requirements, and opted-in to the Offer by completing and submitting the Opt-In Offer Form. Fraudulent purchases or use of unauthorized credit card purchases are void. Layaway sales, gift cards, used gear, rentals, special orders of out-of-stock merchandise, sales tax and shipping costs are excluded from this Offer and are NOT a Qualifying Purchase. Non-qualifying purchases do not qualify for, and will be excluded from this Offer. QUALIFYING PURCHASES CANNOT BE CANCELLED, REFUNDED, OR RETURNED AT ANY TIME, WHETHER THE CONDITIONAL REBATE OFFER ACTIVATION REQUIREMENTS ARE, OR ARE NOT, ACHIEVED (PER REQUIREMENTS BELOW).

 

Once an Offer Opt-In is submitted, it cannot be modified by participant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered or delayed Offer Entries.

 

Important Note: Each Qualifying Customer will automatically be qualified for this Conditional Rebate Offer, in which a Qualifying Customer will have the opportunity to receive, subject to all the terms and conditions contained in these Official Rules, a Rebate check in an amount equal to the total sum of his/her full purchase price, excluding sales tax and shipping/handling (the “Rebate Amount”), based upon the Conditional Rebate Offer Activation Requirements being achieved (per requirements below). In the event the Conditional Rebate Offer Activation requirements are not achieved, Qualifying Customers shall NOT receive the Rebate Amount or any other award, refund, rebate, or compensation. Recipients of a conditional rebate check, if any, are solely responsible for making their own payments to suppliers of credit, if any. Decisions of the Sponsor and Administrator are final and binding regarding Qualifying Customers, eligible purchase amounts, Conditional Rebate Offer activation requirements, and in all matters relating to this Conditional Rebate Award Offer.

 

CONDITIONAL REBATE OFFER – ACTIVATION REQUIREMENTS: In order for the Conditional Rebate Offer to be activated and the Rebate Amount to be awarded to Qualified Customers, the official designated weather measurement station located at Portland International Airport, 7000 NE Airport Way, Portland, OR 97218, must record a minimum of 3.0 inches or more of newly fallen snow on the designated snowfall measurement date between the required time period as follows:

• Required Snowfall Amount: 3.0 or more inches (newly fallen snow)
• Weather Measurement Station: Portland International Airport – Portland, Oregon (National Weather Measurement Station)
• Measurement Reporting: Results for Weather Measurement Station as posted on www.weather.gov
• Measurement Date: December 25, 2022
• Measurement Time Period: 12:00:01 AM PT – 11:59:59 PM PT

 

The minimum amount of required newly fallen snow must occur on the designated measurement date as listed above. The official snowfall measurement amount will be as recorded at the Weather Measurement Station, and as reported on www.weather.gov.

 

Only the official snowfall measurement amount recorded and reported at the designated Weather Measurement Station and reported on www.weather.gov shall determine the official snowfall measurement amount for this offer, regardless of the actual snowfall measurement amount at any Sponsor location or any Qualifying Customer’s residence or address.

 

For the purpose of this Conditional Rebate Offer, the actual snowfall measurement amount recorded and reported at the designated Weather Measurement Station will not be rounded up, and only the actual result will be considered. For example, if the actual snowfall measurement amount reported at the designated Weather Measurement Station is 2.97 inches, then the final result will be determined as 2.97 inches (i.e. the actual result would not be rounded up from 2.97 inches to 3.0 inches. (The tenths of a decimal point will not be considered in determining the results.)

 

In the event for reasons beyond the Sponsor’s control the official snowfall measurement report on www.weather.gov for the designated Weather Measurement Station is unavailable and/or unattainable (see Contest Execution – Rebate Offer Activation Requirements, 2a-e), the following alternate weather service will be used to determine the official snowfall measurement for this offer: Athenium Analytics LLC. The alternate weather service will only be used in the event the official snowfall measurement report on www.weather.gov for the official Weather Measurement Station is unavailable and/or unattainable for reasons beyond the Sponsor’s control. If the designated Weather Measurement Station does record or post an official snowfall measurement reading per the guidelines set forth above, this will be the only official snowfall measurement report considered for this offer, and the alternate weather service will not be considered for this offer.

 

REBATE REWARD & DELIVERY: In the event that the Conditional Rebate Offer Activation requirements are met per these Official Rules and terms and conditions of the offer, each Qualified Customer will be awarded their corresponding Rebate Amount (the “Refund”) within approximately 120 days after confirmation of the official snowfall measurement and verification and approval that the conditions of these Official Rules have been met. Refund, if applicable, will be provided in the form of a check mailed to the name and address of the Qualifying Customer provided at the time of Offer Entry.

 

Refund recipient(s), if any, must accept delivery of Refund from Sponsor, or as otherwise instructed by Sponsor. All other costs related to Refund delivery and acceptance are the sole responsibility of each recipient including but not limited to any and all applicable taxes (including local, state and federal income taxes). Refund is non- transferable. Refund recipients may be required to complete and return any necessary documents prior to receipt of Refund, including a Liability/Publicity Release and/or an IRS W-9 Form.

 

Important: In the event the Conditional Rebate Offer Activation Requirements are not met, then this Conditional Rebate Offer is void, and there will be no rebate, refund, or compensation of any kind to any Qualifying Customer.

 

ADDITIONAL RULES AND RESTRICTIONS: By participating in this Conditional Rebate Offer, Qualifying Customers agree to these Official Rules and the decisions of the Sponsor and Administrator, and release the Sponsor and Administrator and their affiliated companies and all other businesses involved in this Offer, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims, losses, actions, damages and liability of any kind relating to their participation in the Offer, and the acceptance and use/misuse of any refunds offered. Participants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Offer, acceptance, possession, or use/misuse of any Refund, or participation in rebate-related activities (including but not limited to travel related thereto), or any claims based on publicity rights, defamation or invasion of privacy, or Refund delivery, and to assume all liability in connection therewith. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible Offer Entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone

equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to participant’s or any other person's computer related to or resulting from participating in the Offer. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration or execution of the offer, or in the announcement of the rebate recipients.

 

In the event a Qualifying Customer is awarded a Refund and is later found to be in violation of these Official Rules, he/she will be required to forfeit the Refund or to reimburse Sponsor for the stated value. False, fraudulent or deceptive entries or acts shall render entrants ineligible for any Refund.

 

Except where prohibited by law, participation in the Offer constitutes permission for the Sponsor and its agencies to use Qualifying Customer’s name, Rebate Amount, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion, and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

 

Sponsor reserves the right to terminate Conditional Rebate Offer immediately upon reaching the secured sales limit for this program or if any problem corrupts the administration, security or proper operation of the Conditional Rebate Offer, including but not limited to, any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Releasees’ sole control, as determined by the Sponsor in its sole discretion.

 

The Released Parties shall not be liable to any Qualifying Customer or any other person for failure to supply the rebate offer or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Releasees’ sole control. No more than the advertised amount of rebates will be awarded for any reason.

 

IN CASE OF DISPUTES: By participating, each participant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Offer, or any refunds awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Oregon; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Offer, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with this Offer, shall be governed by, and construed in accordance with the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Oregon or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Oregon.

 

OFFICIAL RULES & WINNERS LIST REQUEST: For a copy of these Official Rules or a list of Refund recipients, if any, send a self-addressed, stamped envelope (no later than January 25, 2023) to: The Next Adventure Snowfall Rebate Offer, Official Rules & Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.

 

SPONSOR: Next Adventure, Inc., 426 SE Grand Avenue, Portland, OR 97214.

 

ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044