SAVAGE NEWS ST JOHN SWEEPSTAKES
IMPORTANT: THESE OFFICIAL RULES CONTAIN WARRANTY AND LIABILITY DISCLAIMERS, AS WELL AS WAIVERS OF CLASS ACTIONS AND JURY TRIALS. THESE OFFICIAL RULES GOVERN HOW DISPUTES BETWEEN YOU AND THE SPONSOR CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.BY ENTERING INTO THIS SWEEPSTAKES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS HEREOF AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS DECISION.
How to enter: To receive one (1) entry in the Sweepstakes, entrants may either:
· Email a receipt indicating their pre-order of the book SAVAGE NEWS to email@example.com 11:59 PM PT on Friday, April 5th, 2019; OR
· Hand print their name, address, phone number, and e-mail address on a 3” x 5” piece of paper and mail it in an envelope with proper postage to: Alternate Method of Entry, 195 Broadway, New York, NY 10007 (each an “Alternate Method of Entry”). All Alternate Method of Entry requests must be mailed separately and must be postmarked by Friday, April 5th, 2019 to be considered. Proof of sending will not be deemed to be proof of receipt by Sponsor (as defined below).
No other methods of entry will be accepted. The Sweepstakes begins at 12:01AM(“PT”) on Tuesday , March 26th and ends at 11:59 PM PT on Friday, April 5th (the “Promotion Period”). Online pre-order Entries must be received by 11:59 PM PT on Friday, April 5th, 2019. The computer of the Sponsor is the official time-keeping device for the Sweepstakes. Limit of one (1) entry per person, regardless of method of entry. If more than one (1) entry is submitted by the same person, only the first eligible entry submitted will be considered. By entering the Sweepstakes, the entrant agrees to be bound by these Official Rules and the decisions of “SAGE Media Inc., 1888 Century Park E.Los Angeles, CA 90067, the “Sponsor”) which are final and binding.
NO PURCHASE NECESSARY TO PARTICIPATE OR RECEIVE PRIZES. PURCHASE OR ACCEPTANCE OF A PRODUCT OFFER DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Eligibility: The Sweepstakes is open only to legal residents of the U.S. and Canada (excluding Quebec) who have reached the age of majority in their state/province/territory of residence or older as of the time of entry. Void where prohibited. The following individuals are not eligible to participate in the Sweepstakes: employees and immediate family members of the Sponsor and its parent company, affiliates, and subsidiaries, and all agencies, entities and persons engaged in the marketing and/or administration of this Sweepstakes. For the purpose of these Official Rules, “immediate family” means husband, wife, spouse, mother, father, brother, sister, son and/or daughter, whether or not they reside in the same household. Entries shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry (i.e., the natural person who is assigned to an e-mail address by an Internet service provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address). Potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. No communication or correspondence will be exchanged with entrants except with the entrants selected for a Prize (as defined below).
GRAND PRIZE (1): One (1) gift certificate to St. John (St. John Knits) clothing store in the amount of five hundred ($500.00) dollars (the “Prize”).Date of delivery of Prize awarded to winner shall be at the Sponsor’s sole discretion. Gift card subject to certain terms and conditions as specified by issuer. Sweepstakes winner will be responsible for all applicable federal, state and local taxes associated with the winner’s acceptance of the Prize and any other expense not explicitly included in the description of the Prize. The Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. In the event that the prize is unavailable, a prize of comparable or greater value may be awarded to the Sweepstakes winner in the Sponsor’s sole discretion. Odds of winning are dependent on the total number of eligible entries received.
Winner Selection and Notification: On or about Monday, April 8, 2019, one (1) potential winner will be selected by a random draw from among all eligible entries received. The potential winner will be notified by e-mail and must respond within five (5) days of notification. The potential winner may be required at the Sponsor’s sole discretion to sign and return (within ten (10) business days of notification) an Affidavit of Eligibility (or Declaration of Eligibility if an eligible resident of Canada) and Liability/Publicity Release that confirms the potential winner’s: (i) eligibility for the Sweepstakes and compliance with these Official Rules; (ii) acceptance of the Prize as offered; (iii) release of the Releasees (as defined below) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Sweepstakes, participation in any Sweepstakes-related activity or the acceptance, use, or misuse of the Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; and (iv) consent to Sponsor’s use of his/her name, photograph, likeness, and biographical material in any and all media now known or hereafter devised, for purposes of advertising and publicity relating to the Sweepstakes, without further compensation, unless prohibited by law. If a potential winner fails to respond within the stated timeline, or if a prize notification is returned as unclaimed or undeliverable, the potential winner will be disqualified and an alternate potential winner will be selected. Delivery of the Prize requires a full street address (P.O. boxes are not accepted), which may be requested by the Sponsor. To be declared a winner, Canadian resident(s) must correctly answer an arithmetical skill-testing question to be administered by mail or telephone.
Conditions: The Sponsor and its affiliates and/or subsidiaries, are not responsible for printing, clerical or typographical errors of any kind or nature relating to entries. In no event will the Sponsor be obligated to award more than the one (1) prize specified herein as being available. Each entrant agrees that the Sponsor and its subsidiaries, affiliates, agents and promotion agencies shall not be liable for damages, injuries or losses of any kind resulting in whole or in part from participation in the Sweepstakes, or from acceptance and/or use or misuse of the Prize. In no event will the Sponsor be obligated to replace any lost Prize or any items purchased with or exchanged for the value of the Prize or any portion thereof. The Sponsor assumes no liability for lost, late, incomplete, inaccurate, undeliverable or misdirected entries, notifications and/or responses, or for any computer, online, software, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in connection with this Sweepstakes. The Sponsor assumes no responsibility or liability in the event that the Sweepstakes cannot be conducted as planned for any reason whatsoever, including but not limited to reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes outside the control of the Sponsor which impair or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes. The Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a participant’s Internet service provider and/or e-mail client or for insufficient space in participant’s e-mail account to receive e-mail. Sweepstakes is void, in whole or part, where prohibited by law and is subject to all applicable laws and regulations.
Governing Law: The Sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. By entering the Contest, entrants agree to accept and be bound by all terms of these Official Rules. Void where prohibited by law.[CD2] ALL DISPUTES CONCERNING THE VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND/OR OBLIGATIONS OF AN ENTRANT OR THE SPONSOR IN CONNECTION WITH THE SWEEPSTAKES OR ANY PRIZE, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULES, CONFLICT OF LAW RULES OR PROVISIONS THAT MAY CALL FOR THE APPLICATION OF THE LAWS OF ANY OTHER STATE.
By participating in the Sweepstakes, the entrant agrees that any and all disputes, claims and causes of action arising out of or related to the Sweepstakes or any prize shall be settled in arbitration to be administered by the American Arbitration Association (the "Arbitrator"). This arbitration provision limits the ability of the entrant to litigate claims in court and each entrant agrees to waive his/her/their rights to a jury trial or a state or federal judge. Entrants agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute, claim or cause of action arising out of or related to the Sweepstakes or any prize. Entrants agree not to file or participate in any class action or collective action against the Sponsor. Entrants further agree not to join their claims to those of any other person and that they will not agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
Release and Indemnity: By participating in the Sweepstakes, the entrant hereby releases and discharges the Sponsor, its parent company, St. John Knits, their respective subsidiaries, and affiliated entities, and each of their respective employees, directors, officers, suppliers, agents and administrators, and “SPONSOR”(collectively, the “Releasees”), from and against any and all claims, actions, liabilities, judgments, damages, penalties, and expenses of any kind (including legal fees) in any way arising in relation to the entrant’s participation in the Sweepstakes or any Prize-related activity, or the acceptance, receipt, use or misuse of any Prize. Furthermore, by participating in the Sweepstakes, the entrant hereby agrees to indemnify and hold harmless the Sponsor, subsidiaries, and affiliated entities, and each of their respective employees, directors, officers, suppliers, agents and administrators, (collectively, the “Indemnitees”), from and against any and all claims, actions, liabilities, judgments, damages, penalties, and expenses of any kind (including legal fees) in any way arising in relation to the entrant’s participation in the Sweepstakes or any Prize-related activity, or the acceptance, receipt, use or misuse of any Prize.
Waiver: By participating in the Sweepstakes, the entrant hereby waives all rights to claim punitive, incidental and/or consequential damages, attorneys' fees and/or costs, or any damages other than actual out-of-pocket costs incurred by entering the Sweepstakes. NOTE: SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THE ABOVE MAY NOT APPLY TO YOU.
Privacy and Use of Personal Information: By participating in the Sweepstakes, each entrant consents to the Sponsor’s collection and use of the entrant’s name, mailing address, e-mail address, photograph and likeness (“Personal Information”) for the purpose of administering the Sweepstakes (including but not limited to contacting and announcing the winner) and for publicity and promotional purposes relating to the Sweepstakes, in any and all media now known or hereafter devised, without further compensation unless prohibited by law. The Sponsor will use the entrant’s Personal Information only for identified purposes and will protect the entrant’s Personal Information in a manner that is consistent with privacy laws.
Termination: Subject to any governmental approval which may be required, the Sponsors reserve the right to terminate or suspend the Sweepstakes, in whole or in part, and/or amend the Official Rules in any way, at any time, for any reason, without prior notice. In the event that the Sweepstakes is terminated or suspended, the Sponsors will select winners from all eligible, non-suspect entries received prior to such action. In the event that the Official Rules are amended, all entries received prior to such action which were eligible according to the original Official Rules will be deemed eligible.
Winner’s Name/Official Rules: To obtain the winners’ name or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to the Sponsors address as specified above. Requests for the name of the winner must be received no later than May 1, 2019.