THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 48 CONTIGUOUS UNITED STATES AND WASHINGTON, D.C. (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES) ONLY AND SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH

Timberland TravelGear "Pack Less, Do More" Getaway Sweepstakes - Official Rules

No Purchase Necessary. A purchase will not increase your chances of winning a prize.
1. The Sweepstakes Period is from 12:01 AM, Eastern Time, September 9, 2004 ("Game-Start") to 11:59 PM, Eastern Time, October 3, 2004 ("Game-End").
2. Eligibility: This Sweepstakes is open only to legal residents residing in the 48 contiguous United States and D.C., who are 18 years of age and older at the time of entry. Void in Puerto Rico and other US territories and where prohibited, licensed, restricted or taxed. Employees, officers, directors, agents, representatives and their immediate families or members of household (spouse, children, parents, siblings and each of their spouses, regardless of where they live) of The Timberland Company and THE MARKETING AGENCY, LLC, their respective parent companies, subsidiaries, advertising, design, web design, web hosting and production agencies and print production agencies and anyone connected with the production or distribution of this Sweepstakes are not eligible to enter or be awarded a prize.
3. How to Play: This Sweepstakes is offered only 1) via the Internet or 2) in-store kiosks found at Timberland Specialty Stores and all entrants must be the authorized user of an email address. Simply complete the entry form found by following the instructions at www. timberland.com. You will be asked to supply your name, address, complete mailing address, telephone number, email address and where you registered for the sweepstakes (either in-store or on the internet). You must supply an accurate, functioning email address to be eligible and to be notified in the event of being selected a prizewinner. "Authorized user" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email account. Maximum one (1) entry per person or email address during the sweepstakes period regardless of method of entry. A prize will be awarded only if a potential winner complies with all these Official Rules.
4. Winner Selection: One (1) Grand Prize winner and ten (10) First Prize winners will be selected in random drawings from all eligible entries received during the Sweepstakes period on or about fifteen (15) days after Game-End. Winners will be notified within ten (10) days after the selection is made via US mail and/or email if applicable.
5. Quantity, Prize, Approximate Retail Value (ARV.) and Odds: (1) Grand Prize: A one week trip for two to the winner's choice of London, England; San Francisco, California, USA; or Lima, Peru consisting of: coach, round trip airline travel (including airline fees and taxes) on American Airlines, American Eagle, and American Connection for two (2) from the nearest international gateway airport to winner's residence in the 48 contiguous United States and D.C. serviced by American Airlines, American Eagle, and American Connection to winner's chosen destination (there may be stops or plane changes); standard, double-occupancy accommodation for six (6)) nights in a three or four star hotel of Sponsor's choosing (including hotel taxes), "spending money" of $1,000 and an $2,000 Timberland gift certificate/Giftcard to be used to purchase a travel wardrobe (valued at $1,000 for each of winner and travel companion). Winner will be responsible for all other expenditures not specifically mentioned here including, without limitation, meals, gratuities, telephone charges, incidentals, transportation to and from originating airport, personal expenses and travel/medical/baggage insurance. Winner must book travel through American Express Travel Services at least 45 days prior to desired date of departure and travel is subject to space availability, restrictions and blackout dates. Grand Prize travel must be completed within one year of prize award or the prize will be forfeited in its entirety. Grand Prize will be awarded provided it is properly claimed. ARV: - $8,000, depending on location of winner, destination and travel dates. (10) First Prize: Timberland gift certificate/Giftcard valued at $100 (MSRP). Odds of winning any prize: Dependent on total number of eligible entries received during the Sweepstakes Period.
6. General: Sweepstakes administration and winner selection and verification will be supervised by THE MARKETING AGENCY, LLC, an independent judging organization whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by Sponsor or the independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sponsor is not responsible for those who cannot access the Internet, use the in-store kiosk or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination, or network problems and for delay, failure or malfunction for any reason. Sponsor reserves the right to revise, cancel, suspend or terminate the Sweepstakes if in Sponsor's sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes. In the case of early termination, winners will be drawn from eligible entries received up to the time of cancellation. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor's sole judgment entrant has not complied with these Official Rules. Without limitation, all of an entrant's entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Sponsor assumes no liability for damage caused to entrant's or any other person /entity's computer hardware, software or communications network, regardless of cause. Only the prizes and their listed value in the Official Rules shall be awarded. Grand Prize winner and travel companion must travel all legs of all flights and all segments of the trip together. Grand Prize winner and travel companion are responsible for: 1) all travel documents including, without limitation, a current, valid U.S. Passport or other travel documents acceptable to the airlines, The Transportation Security Administration and the destination Government, (2) all medical requirements, (3) respecting all local regulations and (4) for full compliance with the regulations of all venues. Sponsor, airline(s), transportation services and hotels have the right to refuse travel and/or admission to anyone who does not have proper travel documents or who does not comply with all regulations or comport him/herself properly. There will be no substitution or compensation for a prize or part of a prize forfeited due to winner's or winner's companion's non-compliance with travel and venues' regulations or any other reason. The Grand Prize winner and his/her travel companion will be required to execute and return an Affidavit of Eligibility, Liability and Publicity Release and Affidavit of Eligibility, Liability and Publicity Release (Travel Companion) respectively within 10 days of date on notification or it will be concluded definitively that the prize has been declined and, without further notice, an alternative winner may be selected in a random drawing. If either Grand Prize winner or Travel Companion is less than 21 years of age the appropriate Affidavit of Eligibility, Liability and Publicity Release will have to be signed by a parent or legal guardian. By entering this sweepstakes, a participant explicitly agrees to release and hold harmless The Timberland Company and THE MARKETING AGENCY, LLC, their respective affiliates, parent companies, subsidiaries, successors, agents and representatives and their respective, advertising, design, web design, web hosting and production agencies and print production agencies and all their respective shareholders, directors, officers and employees, one and all, from all liability (including attorney's fees and costs) regarding participation in the sweepstakes and, without limitation, for any injuries, losses or damages of any kind to persons including death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize or participation in any sweepstakes related activity. Prizewinner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). Sponsor (i) makes no warranty, guarantee or representation of any kind concerning the prize; and (ii) disclaims any implied warranty. The right to receive a prize is non-assignable and non-transferable and no prize substitution, transfer, exchange or cash equivalent will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of equal or greater value in case of unavailability of the prize or force majeur. Proof of online entering is not proof of receipt. Prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner may be selected in a random drawing. If any provision of this Sweepstakes shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. All federal, state and local laws and regulations apply. All taxes are winner's responsibility and a form #1099 will be issued to Grand Prize winner for up to $8,000 for the year 2004.
7. Acceptance of a prize constitutes permission to use the winner's name, voice and likeness and any and all identifying characteristics including, but not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without further consent or compensation, unless prohibited by law and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
8. Sponsor, THE MARKETING AGENCY, LLC and all design, production and web design and hosting agencies shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. 9. Sponsor collects personal information from you when you enter the Sweepstakes. The information collected is subject to The Timberland Company Privacy Policy found at www.timberland.com.
10. By entering entrant understands and agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Rockingham County, New Hampshire. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential or punitive damages, and in no event attorneys' fees. 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.
11. For a Winners List: Send a self addressed, stamped, #10 business envelop to Winners - Timberland TravelGear "Pack Less, Do More" Getaway Sweepstakes, 233 Needham Street, Suite 300, Newton MA 02464 , to be received by November 30, 2004.
12. This Promotion is sponsored by The Timberland Company, 200 Domain Drive, Stratham, NH 03885 ("Sponsor") and is administered by The Marketing Agency, LLC, 233 Needham Street, Suite 300, Newton, MA 02464.

All trademarks are the property of their respective owners. © 2004, The Marketing Agency, LLC.

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