Sweater Weather Giveaway
- The Giveaway is open internationally all over the world, to participants who are at least eighteen (18) years of age in their state of primary residence at the time of participation (“Participant”). Employees of Sponsor, Prize Providers, as well as each of their respective agencies, shareholders, officers, directors, members, successors, agents and assigns, together with the Immediate Family Members and/or Household Members of such persons, are not eligible to participate in the Giveaway For purposes of the Giveaway, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Void where restricted or prohibited by law. Participation constitutes Participant’s unconditional agreement to these “Official Rules” and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. A Participant is not a winner of a prize until Participant’s eligibility as a Giveaway winner has been verified, Participant has been notified that verification is complete, Participant has submitted all required information within the stated time period, and Participant has otherwise complied with the terms and conditions of these Official Rules.
- HOW TO PARTICIPATE: During the Giveaway Period, an eligible individual Participant with a valid email address may enter the Giveaway by accessing ____ (“Website”) and completing and submitting the online registration for. The registration requires that Participant’s input their first and last name and email address. LIMIT: Entry into the Giveaway is limited to one per email address during the Giveaway Period. If it is discovered that a Participant attempts to enter the Giveaway more than once with the same email address, that Participant may, in the Sponsor’s sole discretion, be disqualified from the Giveaway.
- GRAND PRIZE:
Total estimated retail value: $931
- WINNER SELECTION AND NOTIFICATION:
ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Giveaway Period.
CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. Each Participant (including each winner) agrees to release the Sponsor, Prize Providers, and each of their respective licensees, affiliates, subsidiaries, representatives, consultants, contractors, production partners, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Giveaway and/or acceptance or use or misuse of a prize. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Grand Prize, any prize included in the Grand Prize, or any portion thereof, or resulting from acceptance, possession or use or misuse of a prize including participation in any activity related thereto, or from participation in the Giveaway; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of post or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible posts, communications or information, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Giveaway. Released Parties disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Giveaway. The failure of Released Parties to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (accepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Sponsor reserve the right, in their sole discretion, to cancel, modify or suspend the Giveaway (or any portion of the Giveaway) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper or fair play of the Giveaway and, in such situation, will select one or more potential winners from eligible non-suspect posts received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit Participant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines Participant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Participants or Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE GIVEAWAY. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY PARTICIPATING IN THE GIVEAWAY, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
INDEMNITY: Each Participant (including each winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Giveaway; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use or misuse of the Grand Prize, any prize, and any portion thereof, including without limitation, personal injury, death and property damage arising therefrom.
GOVERNING LAW: These Official Rules are governed by the laws of the State of Texas, U.S.A., without regard to Texas conflict of law provisions. By participating in the Giveaway, each Participant irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts in Dallas, Texas for all disputes arising out of or relating to the Giveaway. Any legal actions against Sponsor must be commenced within two year(s) after the claim arose. Any controversy or claim arising out of or relating to the Giveaway or these Official Rules will be settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall be responsible for its costs incurred in such arbitration, but if Participant cannot afford to pay for the arbitration Participant agrees to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Dallas County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, Sponsor may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
PUBLICITY RELEASE: Except where prohibited or restricted by law, winner’s acceptance of a Prize constitutes the winner’s agreement and consent for Sponsor, Prize Providers, and their successors, assigns, transferees, licensees, and sublicensees to use and/or public winner’s full name, city and state of residence, photographs or other likenesses, entry, pictures, portraits, voice, testimonials, biographical information (in whole or in part), statements made by winner regarding the Giveaway, Sponsors, or Prize Providers, and any other information provided to Sponsor in connection with the Giveaway, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication and/or promotion on behalf of Sponsors, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, digital or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval, which rights winner acknowledges and agrees Sponsors can transfer, assign, license, and/or sublicense.