1.ELIGIBILITY: The [Pin Your Getaway] Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older. Employees of Kelly Wearstler, Inc., or other companies associated with the promotion of the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations and is void in Puerto Rico and where prohibited.
2. SPONSOR: The Sweepstakes is sponsored and administered by Kelly Wearstler, Inc. (the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. ENTRY PERIOD: The Sweepstakes begins on [December 18] at [3] [PM PST] ends on [January 1, 2012] at [12] [am PST] (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. The time of entry shall be determined based on the Sponsor’s records of when an entry was submitted.
5. HOW TO ENTER: To enter, [Agree to receive electronic communication from Kelly Wearstler, Inc. by providing your e-mail address on a sign up page at KellyWearstler.com ] Only one entry per person will be valid.
6. DRAWING: On or about [January 3, 2012], the Sponsor will randomly select one potential winner. [] The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner within twenty-four (24) hours of the drawing via [e-mail]. If a potential winner cannot be contacted within forty-eight (48) hours, the potential winner may forfeit the prize. If after the first attempt to contact him/her, the Sponsor may select up to three alternate potential winners in his/her place at random from the remaining entries, subject to the same rules as set forth herein. If no potential winner can be contacted, the prize may go un-awarded.
7. REQUIREMENTS OF POTENTIAL WINNER: A potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, he/she will be disqualified and an alternate entrant may be selected in his/her place in a random drawing of all eligible entries received. If a potential winner is a minor, his/her parent or legal guardian must sign the Affidavit/Release on the potential winner’s behalf.
8. PRIZE: One prize of [a Kelly Wearstler Chameleon Camo Trench jacket] with an approximate retail value of $[895] will be awarded. Any prize details not specified above will be determined by the Sponsor in its sole discretion. The prize is not transferable or refundable and must be accepted as awarded. No substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any and all other costs and expenses not listed above. The prize may be reported as income to a winner and the winner will be responsible for all taxes associated with the receipt of a prize. The winner may have to execute documents necessary for the Sponsor to report the prize as income. The Sponsor will be responsible for all shipping and handling fees associated with delivery of the prize.
9. PRIVACY AND PUBLICITY: Any personally identifiable information submitted by entrants in the Sweepstakes may be used by the Sponsor in connection with the Sweepstakes or the Sponsor’s other business activities. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
10. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole 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 these Official Rules or in an unsportsmanlike or disruptive manner or with the intent to threaten, annoy, harass, bother or otherwise disrupt any other person. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, its parent, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
The Released Parties shall not be liable to winners or to any other person for failure to supply the prize or any part thereof, by reason of any acts of Gods, any action(s), regulation(s), order(s) or requests(s) by any governmental or quasi-governmental entity (whether or not the actions(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond the Release Parties’ control.
12. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles County, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. SWEEPSTAKES RESULTS AND OFFICIAL RULES: To request a winners list, send a self-addressed, stamped envelope to 760 N. La Cienega Bld., Second Floor, Los Angeles, California 90069. Vermont residents may omit postage for the self-addressed envelope. Requests must be received within four (4) weeks of the end of the Entry Period. For a copy of the Official Rules, mail a self-addressed stamped envelope to the above address marked “OFFICIAL RULES [Pin Your Getaway Sweepstakes]” for receipt.
AFFIDAVIT OF ELIGIBILITY, LIABILITY AND PUBLICITY RELEASE
[Pin Your Getaway] Sweepstakes
I, ______________________________________________, hereby state:
1. I am a legal resident of the United States.
2. I am at least eighteen (18) years of age.
3. Neither I nor any of my immediate family or household members is employed by Kelly Wearstler, Inc. (the “Sponsor”) nor by any other company associated with the promotion of the [enter name] (the “Sweepstakes”).
4. I represent that I have complied with, and will continue to comply with, the Official Rules of the Sweepstakes and that I have perpetrated no fraud or deception in entering the Sweepstakes or in claiming the any prize.
5. I understand that I am responsible for any taxes, costs, and expenses not specifically described as being part of the prize in the Official Rules.
6. I agree to release and hold harmless the Sponsor and its respective affiliates, employees, directors, shareholders, officers and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to any injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from my participation in the Sweepstakes or receipt of any prize.
7. I grant to the Sponsor the absolute right and permission to use my name, address, likeness, voice, or opinions in any and all advertising and promotional materials, or to refrain from doing so, in any manner or media whatsoever, worldwide, for advertising and promotional purposes without notice to me and without further compensation. I understand that I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of my name, address, likeness, voice, or opinions.
8. I understand that if any statement I make in this Affidavit/Release is false, I will immediately return the prize or the approximate retail value of the prize to the Sponsor upon the Sponsor’s request.
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9. I understand and agree that this is a complete release and discharge of all claims and rights I may have against the Released Parties and that no action will be taken by or on behalf of myself with respect to any such rights. I understand that this release shall be binding upon my heirs, executors, executors, successors, and assigns.