The “Holiday Traditions” Sweepstakes (the “Sweepstakes”) is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law. Do not participate in the Sweepstakes if you are not a legal resident of the United States physically located in the United States at the time of entry or do not fall within the eligibility requirements set forth in the Official Rules below.
“Holiday Traditions” Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
PROMOTION DESCRIPTION: The Sweepstakes begins November 17, 2009 at 12:00:01 a.m. Eastern Standard Time (“EST”) and ends December 23, 2009 at 11:59:59 p.m. EST (the “Promotion Period”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of SheKnows, LLC (“Sponsor”) or its affiliates, 5140 Goldleaf Circle, 3rd Floor, Los Angeles, CA 90056, which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the fifty (50) United States (and the District of Columbia) who are eighteen (18) years of age or older and located in the United States at the time of entry are eligible to enter. Sponsor, J. C. Penney Corporation, Inc. (“JCPenney”), and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, and advertising and promotion agencies (collectively, the “Promotion Entities”), and each of their respective officers, directors, and employees (and immediate family members and those persons living in the same household of any such persons), are ineligible to enter the Sweepstakes or win the Grand Prize (as defined below).
HOW TO ENTER: To enter online, visit the web site http:// www.sheknows.com/ (the “Website”) and complete the entry form. All entries must be actually received by no later than the end of the Promotion Period in order to participate. The Website's database clock will be the official time keeper for this Sweepstakes. No limit entry per person and/or per e-mail address. All requested information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Any communication, data, or other information transmitted by an entrant in connection with the Sweepstakes, whether by electronic mail, data survey/query, or otherwise, is and will be treated as non-confidential and non-proprietary. Entries become the exclusive property of the Sponsor and will not be returned. By submitting an entry, each entrant grants and hereby irrevocably assigns to the Sponsor Entities the exclusive right to reproduce, publish (in all media including online media), edit, use, transfer, or sell the entry, data, or other information collected, or any part thereof, for all commercial purposes, in perpetuity, throughout the universe, at no charge to the Sponsor Entities and without compensation to the entrant. As an alternative to entering online, you may enter this Sweepstakes by submitting a self addressed stamped envelope with your name, address, email address, and phone number to SheKnows, LLC at 16101 North 82nd Street, Suite A-9, Scottsdale, AZ 85260.
NOTE: Internet entry must be made by the entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
WINNER NOTIFICATION: The winner will be randomly selected from all eligible entries received throughout the Promotion Period. The potential winner will be notified by telephone and/or mail and/or email using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is not received by the potential winner for any reason.
PRIZE/ODDS: One (1) grand prize (the “Grand Prize”) is available. The Grand Prize winner will receive the Grand Prize consisting of a $1000.00 JCPenney gift card. The Grand Prize is non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed except that Sponsor retains the right to substitute a prize of comparable or greater value (or at Sponsor's election, the cash value of the Grand Prize) in the event the Grand Prize is unavailable, in whole or in part, for any reason. Odds of winning depend on the number of eligible entries received during the Promotion Period. The Grand Prize is subject to standard terms and conditions applicable to JCPenney gift cards, including policies regarding cash refunds for returned merchandise.
GENERAL PRIZE CONDITIONS: The winner shall be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with acceptance of the Grand Prize. The winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, the “Prize Claim Documents”). If the winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of parent or legal guardian of the winner, or parent or legal guardian of the winner will be required to ratify and sign the Prize Claim Documents. If the winner (or, in the case of a minor, such minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
GENERAL OPT-IN FEATURE OF SWEEPSTAKES: Notwithstanding anything in Sponsor’s privacy policy that suggests otherwise, this Sweepstakes contains an optional “opt-in” feature which allows entrants to receive more information from the Sponsor, JCPenney, or their Advertisers that relate to the subject matter of the Sweepstakes. By selecting the checkbox to receive such information you are consenting to the transfer of the information submitted in your Sweepstakes entry form to the Promotion Entities or Sponsor’s Advertiser partners and such information may be used by such parties to send emails or other correspondence to you.
GENERAL RELEASE: Acceptance of the Grand Prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each entrant agrees that the Promotion Entities (A) shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from participation in the Sweepstakes or in any Sweepstakes related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of the Grand Prize, and (B) have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to the Grand Prize, including, without limitation, to the Grand Prize’s quality or fitness for a particular purpose. In the event of a dispute as to the identity of an entrant which cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated, or other automated multiple entries will be accepted.
By entering the Sweepstakes, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the sweepstakes or contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, SPONSOR, AND PROMOTION ENTITIES IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
