GILT "MARQUEE MONDAY SWEEPSTAKES" OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1) Sweepstakes Timing: The "Gilt Marquee Monday Sweepstakes" (the "Sweepstakes") begins on December 2, 2013 at 8:00 am Eastern Time ("ET") and ends at 8:00 pm ET on December 2, 2013 (the "Sweepstakes Period"). The Sweepstakes consists of a series of hourly, independent drawings. Each hour during the Sweepstakes Period, a random drawing (each, an "Hourly Drawing") will be conducted to select one (1) winner of a prize from among all eligible entries received during that hour, as set forth more fully below. Gilt Global Trading & Procurement Company ("Sponsor") reserves the right, in its sole discretion, to end the Sweepstakes Period before the end of the Sweepstakes Period. By entering the Sweepstakes (regardless of the method of entry), each entrant unconditionally accepts and agrees to be bound by these Official Rules and the decisions of Sponsor and Administrator (defined below), which shall be final, binding and conclusive in all respects including, without limitation, Sponsor's interpretation of these Official Rules and the operation of the Sweepstakes.
2) Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry and a member of Gilt. If you are not a Gilt member you may join by visiting www.gilt.com (the "Sweepstakes Website") and following the on-screen registration instructions (Registration is free, and information required for registration consists of: username, password, e-mail address, gender.). Employees of Sponsor, SCA Promotions (the "Administrator") and their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising and promotional agencies (all such individuals and entities collectively referred to as the "Sweepstakes Entities") and the immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. Void where prohibited by law. All federal, state and local laws and regulations apply. Entrants are limited to winning a maximum of one (1) prize during the Sweepstakes Period.
3) How To Enter the Sweepstakes:
a) Sweepstakes Website. Entrants may obtain an entry in an Hourly Drawing by making a purchase at the Sweepstakes Website during the applicable Entry Period (as defined below). For avoidance of doubt, Gilt City purchases made at www.giltcity.com are not eligible for entry into the Sweepstakes. To make a purchase at the Sweepstakes Website, you must be a registered member of gilt.com. Upon receipt of a confirmation email to the entrant's Gilt-associated email account, the entrant will be automatically enrolled in the Sweepstakes (individually, a "Purchase Entry", collectively, "Purchase Entries"). Should an entrant not wish to be entered into the Sweepstakes, the entrant may click the opt-out link contained in the confirmation email to decline entry. Purchase Entry for the first Hourly Drawing begins at approximately 8:00:00 am ET on December 2, 2013 and ends at approximately 8:59:59 am ET on December 2, 2013. For the remaining eleven (11) Hourly Drawings, the entry periods are shown in the chart below (each, an "Entry Period"). Purchase Entries received during one Entry Period do not roll-over into subsequent Entry Periods. For avoidance of doubt, entrants will not receive a Purchase Entry if the transaction is cancelled.
Hourly Drawing Entry Start Time Entry End Time
1 8:00:00 am ET 8:59:59 am ET
2 9:00:00 am ET 9:59:59 am ET
3 10:00:00 am ET 10:59:59 am ET
4 11:00:00 am ET 11:59:59 am ET
5 12:00:00 pm ET 12:59:59 pm ET
6 1:00:00 pm ET 1:59:59 pm ET
7 2:00:00 pm ET 2:59:59 pm ET
8 3:00:00 pm ET 3:59:59 pm ET
9 4:00:00 pm ET 4:59:59 pm ET
10 5:00:00 pm ET 5:59:59 pm ET
11 6:00:00 pm ET 6:59:59 pm ET
12 7:00:00 pm ET 7:59:59 pm ET
Purchase Entries must be made by the entrant and only at the Sweepstakes Website.
b) E-Mail Method of Entry To enter via e-mail (available for all eligible entrants), send an email to [email protected] with your name, age, address, daytime telephone number and e-mail address associated with your Gilt account (individually, an "Email Entry", collectively, "Email Entries"). Be sure to write "Gilt Marquee Monday Sweepstakes Entry" in the e-mail subject line. All Email Entries for the first Hourly Drawing must be received during the first Entry Period. Upon submission of an Email Entry, entrant will receive an email confirmation of his or her entry into the Sweepstakes. For the remaining eleven (11) Hourly Drawings, Email Entries will be automatically entered into the next available Hourly Drawing after the Email Entry is processed as received. Email Entries for one (1) Hourly Drawing do not roll-over into subsequent Hourly Drawings. Sponsor assumes no liability for lost, late, incomplete, stolen, misdirected or illegible entries.
Use of computer programs and other automatic means to enter the Sweepstakes is prohibited and will result in disqualification. Normal Internet access and/or mobile usage charges imposed by your online service or mobile carrier may apply. There is no limit to either Purchase Entries or Email Entries; entrants may enter as many times as they wish during the course of the Sweepstakes Period.
4) Hourly Drawing Times / Winner Selection: Each independent Hourly Drawing will take place in or around the hour after the close of the corresponding Entry Period. During each independent Hourly Drawing, one (1) prize winner will be selected from among all eligible entrants who have entered the applicable Hourly Drawing through all accepted methods. Drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. Sponsor's computer shall be the official time keeping device for the Sweepstakes. Odds of winning a prize are dependent upon the number of eligible entries received during the applicable Entry Period. All prizes will be awarded and winners will be notified by email or telephone, at Sponsor's discretion. If, despite reasonable efforts, a potential winner does not respond within three (3) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
5) Prizes and Approximate Retail Value ("ARV"): The prizes available during each Hourly Drawing are reflected in the chart below.
Hourly Drawing Prize 1 Nespresso Gran Maestria Espresso Machine; ARV $699
2 Gilt Five Hundred Dollar ($500) Credit; ARV $500
3 Dexton Kids Lamborghini Murcielago Toy Car; ARV $389
4 Bally Leather Wallet ARV; $275
5 Piranesi 0.46 Total Ct. Diamond & White Gold Disc Stud Earrings; ARV $3600
6 Gilt Home Alex Sofa with Walnut Base + Delivery Fee; ARV $2195
7 Missoni Wool Scarf; ARV $245
8 Chanel Vintage Black XL Tote Bag; ARV $2200
9 House of Lavande Jomaz Green & Gold Geometric Cluster Necklace; ARV $1148
10 Judith Leiber Noel Sphere Crystal Clutch; ARV $3995
11 Gilt City Five Hundred Dollar ($500) Credit; ARV $500
12 KidKraft Country Chateau Dollhouse; ARV $261.95
Actual odds of winning depends on the number of eligible entries received during the applicable Entry Period. The ARV of any prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prizes are awarded or redeemed. If the actual purchase price of any prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price differences. Gilt and Gilt City Credits are subject to the terms and conditions associated therewith and imposed by issuer, available at http://www.gilt.com/company/termsOfUse.
6) General Prize Conditions. Prizes are subject to the following restrictions: Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Prizes will be awarded only if each potential winner fully complies with these Official Rules. Winners are responsible for all federal, state, and local taxes, and the reporting consequences thereof, and all other costs and expenses associated with the prizes not specified herein as being awarded. Prizes shall only be shipped domestically within the fifty (50) United States and the District of Columbia. No transfer, substitution or cash equivalent is permitted by winner. A winner is responsible for paying any costs and expenses not specified above. Sponsor reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if any prize listed above is not available for any reason, as determined by Sponsor in its sole discretion. All prize details are at Sponsor's discretion. Prizes pictured in point-of-sale, online advertising and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Winners may be required to execute and return an Affidavit of Eligibility, Release of Liability, and where legal, a Publicity Release within ten (10) days of first notification attempt or the prize will be forfeited and an alternate winner selected. Return of any prize/prize notification will result in disqualification and an alternate will be selected.
7) General Rules / Liability Release: Acceptance of prize constitutes winner's permission for the Sweepstakes Entities to use winners' name and/or likeness, biographical information, and/or entry form for purposes of advertising in trade and on any legally-required winners list without further compensation, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Entries become the property of the Sponsor. The Sweepstakes Entities are not responsible for any typographical or other errors in the offer, any technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes or for any liability for damage to any computer system resulting from or related to participation in or accessing or downloading information in connection with the Sweepstakes. In the event of a dispute as to any entry, the authorized account holder of the account used to register will be deemed to be the entrant. Winners may be required to show proof of being the authorized account holder of the account associated with the entry. The "authorized account holder" is the person whose email address is assigned by an Internet service provider or other organization responsible for assigning the domain to the submitted email address. Sponsor and Administrator are not responsible for the failure of any email or entry to be received by Sponsor/Administrator on account of technical problems or congestion on the internet or at any website. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation or administration of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select the applicable winners in a random drawing from among all eligible entries received prior to cancellation. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these 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 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. By participating in the Sweepstakes, the entrant agrees that the Sweepstakes Entities will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss, cost or damages of any kind to persons, including death and property, damages sustained due in whole or in part, directly or indirectly, from entry creation, the acceptance, possession, use or misuse of the prize or parts thereof, if applicable, participation in the Sweepstakes or participation in any Sweepstakes-related activity, or any technical errors, printing errors, and any errors in the administration of the promotion. BY ENTERING THE SWEEPSTAKES, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THESE OFFICIAL RULES AND ARE FULLY FAMILIAR WITH ITS CONTENTS.
8) Governing Law / Limitation Of Liability: BY ENTERING THE SWEEPSTAKES, YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, BY STATE OR FEDERAL COURTS SITUATED IN NEW YORK, NY; (2) ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETTION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAWS OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS; (3) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED ONE HUNRED DOLLARS ($100), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (4) 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, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED ONE HUNDRED DOLLARS ($100), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (5) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
10) Winners: Any legally-required winners' list may be obtained by sending a stamped, self-addressed envelope marked "Marquee Monday Sweepstakes Winners' List" to SCA Promotions, 3030 LBJ Freeway, Suite 300 Dallas, TX 75234 RE: Request for Gilt Marquee Monday Sweepstakes Winners' List.
11) Sponsor/Administrator: The Sponsor of the Sweepstakes is Gilt Global Trading & Procurement Company. The Administrator of the Sweepstakes is SCA Promotions, 3030 LBJ Freeway, Suite 300 Dallas, TX 75234.