Win A Getaway To Paradise Sweepstakes
Dogeared’s Win A Getaway To Paradise Sweepstakes
THIS PROMOTION IS INTENDED FOR THE UNITED STATES AND IS SUBJECT TO U.S. LAW. DO NOT ENTER IF YOU ARE NOT LOCATED WITHIN THE UNITED STATES. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES.
1. PROMOTION PERIOD: Win A Getaway To Paradise Sweepstakes Promotion (the “Promotion”) begins on June 24, 2014, at 12:00:01 a.m. Pacific Standard Time (“PST”) and ends on July 13, 2014 at 11:59:59 p.m. PST (the “Promotion Period”).
2. ELIGIBILITY: Promotion is open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at time of entry. Officers, directors, shareholders and employees of Dogeared, Inc. & Hotel El Ganzo (“Sponsors”) Demandware, Carolyn Izzo Integrated Communications, Wufuu and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Promotion (collectively, the “Released Parties”), and their immediate family members (spouse, parents, step-parents, children, step-children, siblings and their respective spouses, regardless of where they reside) and those living in the same household of each such individual, whether or not related, are not eligible to enter or win a prize. Void where prohibited or restricted by law. The Promotion is subject to all applicable federal, state and local laws and regulations.
3. ENTRY DETAILS: Enter for a chance to win a grand prize including: Three (3) night stay in one (1) large suite at Hotel El Ganzo in Los Cabos Mexico for two (2) people valid through July 31, 2015 with no black out dates and a selection of Dogeared jewelry from the Paradise Found Collection. The Win a Getaway to Paradise Sweepstakes Promotion includes: Accommodations for two (2) people for a three (3) night stay in one (1) large suite at Hotel El Ganzo valid for one (1) year once issued in Los Cabos Mexico, complimentary transportation to the hotel from the airport upon arrival and transportation to the airport from the hotel upon departure, one (1) complimentary stand up paddle boarding lesson for two (2) people, admission for two (2) people to a concert at Hotel El Ganzo including a table and a complimentary drink for winner and their guest, one (1) Paradise Found Aventura Y Necklace, 30” drop length 8”, GD, one (1) Lady Guadalupe & Bull Skull Necklace, 18” with 2” extender, SS, one (1) Paradise Found Wide Leather Cuff, Sunset Mix, one (1) Paradise Found Thread Wrap Cuff, Cactus Green Mix, one (1) Paradise Found Vibrant Bead Bracelet Magnet Closure Ocean, one (1) Paradise Found Vibrant Bead Bracelet Magnet Closure Orange, & one (1) Paradise Found Thin Leather Cuff Tierra Mix. Items will be shipped standard delivery by Dogeared to the one (1) winner.
One (1) entry per person / email address for the entire Promotion Period. Duplicate entries from the same e-mail address will not be considered or accepted into entry for the promotion. All entries must be received by 11:59:59 p.m. PST on July 13, 2014 to be eligible. By entering the contest, you are providing your email address to Sponsors and may receive associated communication from them following the promotion. Personal information collected from entrant will be collected by Sponsor and used by Sponsors and its third party providers to (i) administer the sweepstakes, (ii) send communications relating to the sweepstakes, and (iii) notify the winners and award prizes. In the event of a disputeas to who submitted an Entry, the name of the "authorized account holder" associated with the email address submitted will be deemed to be the entrant.
The authorized account holder is defined as 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. Entries that contain false information or are incomplete or that do not conform with or satisfy any or all of the conditions set out in the Official Rules will be void. Entries by any other individual or any entity, and/or originating at any other website, including but not limited to, commercial contest subscription notification and/or entering service sites, will be declared invalid and disqualified from the contest. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entry and that entrant may be disqualified. The use of any automated program or devices to enter the contest will result in disqualification. Sponsor’s clock is the official timekeeping device for this Promotion.
4. PRIZES/APPROXIMATE RETAIL VALUE: Accommodations for two (2) people for a three (3) night stay in one (1) large suite at Hotel El Ganzo in Los Cabos, Mexico, complimentary transportation to the hotel from the airport upon arrival and transportation to the airport from the hotel upon departure, one (1) complimentary stand up paddle boarding lesson for two (2) people, admission for two (2) people to a concert at Hotel El Ganzo (based on availability and travel dates) including a table and a complimentary drink for winner and their guest (If travel dates do not coincide with a concert an amenity or activity will be provided to the winner and their guest), one (1) Paradise Found Aventura Y Necklace, 30” drop length 8”, GD, one (1) Lady Guadalupe & Bull Skull Necklace, 18” with 2” extender, SS, one (1) Paradise Found Wide Leather Cuff, Sunset Mix, one (1) Paradise Found Thread Wrap Cuff, Cactus Green Mix, one (1) Paradise Found Vibrant Bead Bracelet Magnet Closure Ocean, one (1) Paradise Found Vibrant Bead Bracelet Magnet Closure Orange, & one (1) Paradise Found Thin Leather Cuff Tierra Mix. Prize will be mailed to the winner using standard shipping to the mailing address provided at the time of contact. Total value of prize: MSRP $4,167.00. No substitutions, transfer or cash equivalents are permitted except by Sponsor. Winners are solely responsible for all federal, state, and local taxes and other fees associated with Prize receipt.
Prizes are non-transferable. No substitutions, cash redemption or transfer of any prizes permitted, except Sponsors reserve the right to substitute a prize of equal or greater value. All prizes will be awarded provided they are properly claimed in accordance with these Official Rules and a sufficient number of eligible Entries are received.
For Travel Prize: Winner must complete trip by July 31, 2015, or trip prize will be forfeited. All travel arrangements, including air travel, must be made by the winner. No refund or compensation will be made in the event of the cancellation or delay of any airline flight or other transportation. All expenses and incidental travel costs not expressly listed in the prize description above are the sole responsibility of winner, including but not limited to airfare, meals, incidentals, passenger tariffs or duties, airline fees, travel insurance, surcharges, service charges or facility charges, personal charges, security fees, taxes or other expenses. Winner is required to pay a hotel service charge of $35 per night.
5. RANDOM DRAWING: Winner will be selected in a random drawing from all eligible entries received conducted by a representative of the Sponsor. The drawing will be held on or about July 14, 2014. Odds of Winning are approximately 1/675,000; however such estimate is based on prior Dogeared sweepstake contests and the actual odds of winning depend on the number of eligible entries received for the Win a Getaway To Paradise Sweepstakes.
6. WINNER NOTIFICATION: You are not a winner until your eligibility has been verified, and it is determined that you have complied with all terms of these Official Rules. Potential Prize winner will be notified by email. The prize winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The potential winners must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential winner. Except where prohibited, each prize winner may be required to sign an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Acceptance Release”) or provide document for verification of age, and return within seven (7) days of written notification. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner based on judging results will be selected for the prize at issue, even if the disqualified potential winner’s name may have been publicly announced. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and/or e-mail address. Sponsor is not responsible for any change of email address, mailing address and/or telephone number. The Prize Acceptance Release is subject to verification by Sponsor and all potential winners are subject to verification before any prize will be awarded. Noncompliance with any of these Official Rules may result in disqualification. Any violation of these official rules by a winner or any behavior by a winner that will bring such winner or contest entities into disrepute (in sponsor’s sole discretion) will result in such winner’s disqualification as a winner of the contest and all privileges as a winner will be immediately terminated.
The Sponsors and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsors. The Sponsors reserve the right at their sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. The Sponsors and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Contest.
The prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prizes is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. A prize winner may be required to provide Sponsor with a valid social security number (should the ARV of the respective prize be equal or greater than $600, social security number will be required) and complete a W-9 form before a prize will be awarded for tax reporting purposes. An IRS Form 1099-MISC may be issued in the name of the respective prize winner for the total ARV of the prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded.
The winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
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 Sponsors 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, judgements 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 attorney's 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 consequentaial 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. WINNERS LIST: For a list of winners (available after all winners have been verified), send a self-addressed, stamped, business size (#10) envelope to: Dogeared’s Win A Getaway To Paradise Sweepstakes, Winners List Request, 6047 Bristol Parkway, Culver City, CA 90230.
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