2014-05-13 18k Gold Circle Sweepstakes
Dogeared 18K Gold Circle Necklace Sweepstakes 2014 “Strike Gold”
See sweepstakes terms and conditions below.
The Dogeared 18K Gold Circle Necklace Sweepstakes “Strike Gold” Terms and Conditions
These terms and conditions (“Terms”) apply to the Dogeared 18K Gold Circle Necklace Sweepstakes “Strike Gold” (“Sweepstakes”).
NO PURCHASE NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED BY LAW.
THESE TERMS ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN PARTICIPANT AND SPONSOR (DEFINED BELOW) AND GOVERNS ENTRY IN THE SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANT AGREES TO ABIDE BY THESE TERMS AND THE RULES, POLICIES AND PROCEDURES LOCATED ON www.dogeared.com. FAILURE TO COMPLY WITH THESE RULES AND PROCEDURES WILL VOID YOUR ENTRY.
1. SPONSOR: The Sweepstakes is sponsored by Dogeared, Inc., 6047 Bristol Parkway, Culver City, CA 92030 (“Sponsor”).
2. ELIGIBILITY: Open only to permanent legal U.S. residents physically residing in the fifty (50) United States of America and the District of Columbia. You must be at least 18 years of age or older at the beginning of the Sweepstakes Period to be eligible to participate in the Sweepstakes. Employees of Sponsor and its respective parent, affiliate, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Sweepstakes and their immediate family members or household members are not eligible to participate in or win the Sweepstakes. The winners will be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize. All applicable federal, state and local laws apply.
3. SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 12:01 AM Pacific Time on May 13, 2014 and ends at 11:59 PM Pacific Time on May 31, 2014 (the “Sweepstakes Period”). No entries into the Sweepstakes will be accepted before the Sweepstakes Period. No entries into the Sweepstakes will be accepted after the Sweepstakes Period.
4. HOW TO PARTICIPATE: There are two ways to enter the Sweepstakes. The first way to enter the Sweepstakes, during the Sweepstakes Period, is to purchase a full price Dogeared Circle Necklace (from select assortment) on www.dogeared.com/email-051314. Each purchase during the Sweepstakes Period at the aforementioned sites shall be treated as an Entry. Limit five (5) entries per person, per e-mail address used on the order during the entry period. Alternate Method of Entry: If you would like to participate in the Sweepstakes but did not purchase a Circle Necklace, send an email to email@example.com with the subject line, "18K Gold Circle Necklace - Entry" and include your first and last name, physical address (P.O. Boxes not accepted), and date of birth in the body of the email. Upon receipt of your email, you automatically will receive one (1) entry into the Grand Prize drawing. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain entries by using multiple/different email addresses, identities, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
Odds of winning the prizes depends on the number and quality of eligible entries received during the Sweepstakes Period.
6. SELECTION OF WINNER: At the end of the Sweepstakes Period, there will be a random drawing in which one (1) Grand Prize Winner is selected. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered. The Sweepstakes will be conducted under the supervision of Sponsor. The decisions of Sponsor are final and binding in all matters relating to this Sweepstakes. The winner will be notified via email; Sponsor reserves the right to change the method of notification. The winner must claim his/her prize within 3 business days after the date of notification of such prize. If the winner fails to respond to the prize notification within the specified time period, it will be considered a forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. Sponsor shall have no responsibility or obligation to the winner or potential winner who are unable to accept or utilize the prize as described herein.
The winners are responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with the prize and will and hereby do hold the Sponsor harmless from liability for failure to timely report and/or pay such taxes.
No substitution, cash redemption or transfer of the prize is allowed, except at the sole discretion of Sponsor and may not be returned for store credit or exchanged. Each winner and guest will be required to sign a release, and waiver.
•One (1) Grand Prize Winner will receive an 18K Gold Circle Necklace with a retail value of $670.00
No substitution, cash redemption or transfer of the Prize is allowed, except at the sole discretion of Sponsor.
7. GENERAL: By participating, participants (a) agree to abide and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters; (b) consent to the use by Sponsor and its designees of their names, cities and states of residence, photograph, voice and/or other likenesses and prize information for advertising, trade and promotional purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law; and (c) agree to release, discharge and hold harmless, the Released Parties from any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Promotion, and the acceptance, use, misuse or possession of the Prize, including as set out in the Limitations of Liability section. Entrants who have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Promotion; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person or (d) attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor or Sponsor’s representatives.
ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE PROMOTION WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROMOTION.
8. LIMITATIONS OF LIABILITY: Released Parties do not assume any responsibility and the entrant releases the Released Parties from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the Promotion or acceptance/use of a Prize, including, without limitation, the administration of the Promotion, the selection and confirmation of winners, and the arranging, awarding and use of the Prize. Without limiting the generality of the foregoing, the Released Parties are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, contain false information, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Official Rules; (iii) any loss, damage, or claims caused by, or in anyway related to the awarded Prize or the Promotion itself; (iv) failure of the Promotion website, or any operations or transmission of information during the Promotion Period, including, without limitation, any problems, human or technical, errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Promotion, all of which may affect a person’s ability to participate in the Promotion; (v) any errors, omissions, incorrect or inaccurate information in any Promotion-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Promotion howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (vii) any claims regarding the accepting, arranging, awarding or use of the Prize; or (viii) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind. Entry material/data that has been tampered with or altered is void. Without limiting the foregoing, if for any reason the Promotion is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Promotion, Sponsor reserves the right to terminate the Promotion. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred NOT TO EXCEED ONE HUNDRED DOLLARS ($100), including costs associated with entering this Promotion but in no event attorneys’ fees; and (3) under no circumstances will entrant 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
I further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that I may have with respect to the foregoing release are hereby expressly and forever waived. I understand that Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
DISCLAIMER: The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. You understand that you are providing your information to Sponsor and not to Facebook, Twitter or Instagram.
9. WINNER LIST
COPY OF WINNERS’ LIST OR TERMS: To receive the name of the winner or a copy of the Terms, send a self-addressed stamped envelope to Dogeared’s 18K Gold Circle Necklace Sweepstakes, Winner List Request, Dogeared, 6047 Bristol Parkway, Culver City, CA 90230 and specify winner's list or Terms upon request.
10. GOVERNING LAW: All disputes concerning the construction, interpretation, validity, effect, and enforceability of these Official Rules will be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws provisions or other provisions that might cause the application of any other states’ laws. Entrant agrees that exclusive jurisdiction over any legal action arising out of or in connection with the Promotion will be in state or federal courts located in or nearest to Sacramento, CA, and by entering consents to such jurisdiction and venue.
11. MANDATORY ARBITRATION: Except where prohibited, as a condition of participating in this Promotion, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. The arbitration shall be conducted in the State of California, in the City of Culver City, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the State of California, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. You irrevocably waive any right to bring or join in any class action regarding the Promotion. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
12. SPONSOR: Dogeared, Inc., 6047 Bristol Parkway, Culver City, CA 90230