TIMELESS HOLIDAYS PACKAGE GIVEAWAY
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
PROMOTION DESCRIPTION: The Timeless Holidays Package Giveaway (the “Sweepstakes”) begins on December 1, 2013 at 9:00 p.m. Pacific Standard Time (“PST”) and ends on December 31, 2013 at 9:00p.m. PST (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”), which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the fifty (50) United States and the District of Columbia (“D.C.”) who are eighteen (18) years of age or older (19 or older if a resident of Alabama or Nebraska) and located in the United States or D.C. at the time of entry are eligible to enter the Sweepstakes. Employees, officers and directors of Sponsor, its parent company, affiliates, subsidiaries, advertising or promotion agencies and third party fulfillment agencies (collectively, the “Sponsor Entities”) and members of the immediate families (defined as including spouse, biological, adoptive or step-parents, children, siblings, grandparents, grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are not eligible to enter this Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void outside the fifty (50) United States/D.C. and where prohibited by law.
HOW TO ENTER: To enter, visit http://www.sheknows.com/holidays-and-seasons/giveaway/1000-high-powered-holidays-giveaway (the “Website”) during the Promotion Period and follow all prompts and instructions to complete and submit the online entry form. All entries must be actually received no later than the end of the Promotion Period. The Website’s database clock will be the official time keeper for this Sweepstakes. Limit one (1) entry per person and per e-mail address per day. Entries from the same person/e-mail address in excess of the daily limit stated above will be void and may result in disqualification of the person/e-mail address responsible for the excess entries. All requested information on the entry form must be completed. Proof of submission of an entry is not considered proof of delivery to or receipt by Sponsor of such entry. Entries become the exclusive property of the Sponsor and will not be returned. 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 website or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified from the Sweepstakes. The use of any device to automate the entry process is prohibited. All incomplete or non-conforming entries will be disqualified.
PRIZE AND APPROXIMATE RETAIL VALUES (“ARV”): One (1) prize package will be awarded, consisting of the following: one (1) $500 value gift card (ARV $500.00), one (1) twenty-four (24) pack of AA Energizer® Max® alkaline batteries (ARV $16.00), one (1) Nintendo® Wii® console with Mario Kart® Wii® Bundle (ARV $360.00), three (3) Nintendo® Wii® games including Super Mario Brothers®, Bowling and Star Wars® (ARV $60.00), one (1) Monopoly® board game (ARV $25.00), one (1) copy of the DVD Miracle on 34th St (1947) (ARV $15.00) and one (1) AM/FM battery operated radio (ARV $40.00). Total ARV of the prize package is $1,016.00. Use of the gift card is subject to the terms, conditions and policies of the issuer. The Prize is non-assignable and non-transferable. No cash alternative or prize substitutions shall be available; provided, however, that Sponsor retains the right to substitute a prize (or portion thereof) of equal or greater value or, at Sponsor’s election, the cash value of the prize (or portion thereof), in the event the stated prize (or portion thereof), is unavailable for any reason. Odds of winning depend on the number of eligible entries received during the Promotion Period.
WINNER SELECTION AND NOTIFICATION: A random drawing to select the winner of the prize will be conducted by Sponsor from among all eligible entries received. The drawing will take place on or about two (2) business days following the end of the Promotion Period. The Sponsor will attempt to contact the potential winner by telephone or email using the contact information provided by the potential winner at the time of entry. If any of the following should occur: (a) the potential winner fails to respond to Sponsor’s notification within the time period set forth by Sponsor in such notification; (b) a prize or prize notification is returned as undeliverable; (c) the Sponsor determines, in its sole discretion, that the potential winner is ineligible to receive the prize; or (d) the potential winner is unable or unwilling to accept the prize, then the winner will be disqualified and the prize will be forfeited. If the prize is forfeited for any reason, the Sponsor may, but has no obligation to, award the prize to an alternate winner in a random drawing from among the remaining entries. Sponsor shall have no liability if the winner notification is not received by the potential winner for any reason.
GENERAL PRIZE CONDITIONS: The winner shall be solely responsible for all federal, state, and local taxes on the prize, and for any other fees or costs associated with the prize or any component thereof. As a condition of being awarded the prize, Sponsor may require the winner to sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, or to otherwise provide proof of eligibility in any manner Sponsor deems appropriate, within a specified time period. Failure to comply will result in prize forfeiture.
GENERAL RELEASE AND INDEMNITY: Except where prohibited acceptance of the prize constitutes the winner’s permission for each of the Sponsor Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes related to the Sweepstakes only worldwide in commerce and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. By participating, each entrant agrees that the Sponsor Entities are not responsible for (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction of or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware or software, or damage to any person’s computer; (iv) causes beyond Sponsor’s reasonable control that jeopardize or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (v) any entry made in a manner that is not expressly allowed under these Official Rules; (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vii) any typographical or other error in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the prize winner; or (viii) cheating or fraud by any participant. By accepting the prize, the winner acknowledges and agrees that no Sponsor Entity has made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the prize or any portion thereof, including, without limitation, to such prize’s/prize component’s quality or fitness for a particular purpose. In the event of a dispute as to the identity of an entrant, the entry will be deemed made by the person whose name appears on the entry form. 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 unsportsmanlike 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. If for any reason this Sweepstakes cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to suspend, modify or terminate this Sweepstakes. If the Sweepstakes is terminated before the end of the stated Promotion Period, then Sponsor, may, but has no obligation to do so,select the winner from among all eligible, non-suspect entries received as of the time/date of termination or may otherwise modify the Sweepstakes.
By participating in this Sweepstakes, participants hereby waive, release and agree to hold harmless, Sponsor, Energizer Battery, Inc., their respective parent, subsidiary and affiliated companies, media partners, printers, and advertising and promotion agencies, and the officers, employees, directors, managers, and agents of each of the foregoing (collectively, the “Released Parties”), from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death, and/or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the prize or any portion thereof (if applicable), or their participation in this Sweepstakes, entrant’s breach of a representation, warranty or covenant set forth herein, Sponsor’s use of a winner’s name, photograph, likeness, voice, biographical information, statements or address. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
DISPUTES: By entering the Sweepstakes, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the prize awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (c) to the extent allowed by applicable law, under no circumstances will any entrant be permitted to obtain any award for, and each 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
VENUE/JURISDICTION/GOVERNING LAW: EACH ENTRANT HEREBY IRREVOCABLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS, AS APPLICABLE, LOCATED WITHIN MARICOPA COUNTY, ARIZONA IN CONNECTION WITH ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURTS. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of any participant or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of Arizona without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNER INFO: For the name of the prize winner, mail a self-addressed, stamped envelope with the name of the Sweepstakes to SheKnows, LLC, Attention: Promotions Department, 16101 N. 82nd St., Suite A-9, Scottsdale, AZ 85260 such that it is received by no later than six (6) months following the end of the Promotion Period.
SPONSOR: This Sweepstakes is sponsored solely by SheKnows, LLC, Scottsdale, AZ.
All trademarks used herein are the property of their respective owners.