GILT BABY & KIDS Nickelodeon Fresh Beat Band Jacket SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. WINNER WILL BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1) Sweepstakes Timing: Gilt Baby & Kids Nickelodeon Fresh Beat Band Jacket Sweepstakes (the "Sweepstakes") begins January 24, 2012 at 12:01 ET and ends 11:59 ET on February 1, 2012 (the "Sweepstakes Period").
2) Eligibility: The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia, who have reached the age of majority in their state or territory of residence as of the date of entry and are Gilt members. Employees of Gilt Global Trading & Procurement Company Limited and Nickelodeon (collectively "Sponsor"), Promotions.com ("Administrator"), each of their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, and their 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. Participation constitutes entrant's full and unconditional agreement to these Official Rules ("Rules") and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
3) How To Enter the Sweepstakes: There is NO PURCHASE NECESSARY to participate in the Sweepstakes. A purchase does not increase your chances of winning. During the Sweepstakes Period, you may enter the Sweepstakes by visiting the Gilt Baby & Kids "Little Inspirations" Blog at http://www.gilt.com/blog/category/kids (the "Sweepstakes Site") and clicking on the designated link within the Blog post relating to the Sweepstakes to receive one entry (an "entry"). New members will be prompted to join Gilt, and existing members will have to sign into the site to enter. Limit one entry per person. All entries must be received during the Sweepstakes Period to be eligible. Use of computer programs and other automatic means to enter the Sweepstakes is prohibited and will result in disqualification. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and that entrant may be disqualified. Normal Internet access and usage charges imposed by your online service may apply. Use of any automated system to participate is prohibited and will result in disqualification. Entries that are forged, altered, incomplete, garbled, or generated by a macro or with intent to subvert the entry process will not be accepted and are void. Entries made by an individual or entity on behalf of a named entrant, and/or originating at any other web site (other than the Sweepstakes Site) or e-mail address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant, but only if that person meets all other eligibility criteria for this Sweepstakes. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof that he or she is the authorized account holder. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to Administrator for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules. All entries must be received by Sponsor during the Sweepstakes Period or they will be void.
4) Random Drawing: Winners will be selected in a random drawing within one (1) week of the close of the Sweepstakes from among all eligible entries received. Drawing will be conducted by Administrator, 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. All prizes will be awarded and winners will be notified by telephone or email, at Sponsor's discretion. Sponsor will attempt to notify potential winners within three (3) business days after selection. If a potential winner cannot be contacted within three (3) days after the first attempt to contact such potential winner, an alternate entrant will be selected in his or her place from all entries received.
5) Prizes and Approximate Retail Value ("ARV"): Grand Prize (1 PRIZE): One (1) Fresh Beat Band: Rockstar Jacket signed by the cast (ARV: $80) (the "Prize").
Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Winners are responsible for all federal, state, and local taxes and all other costs and expenses associated with prize not specified herein as being awarded. No transfer, substitution or cash equivalent permitted by winner. 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 the prize is not available for any reason, as determined by Sponsor in its sole discretion. By entering this Sweepstakes and accepting the Prize, the Winner agrees to maintain his/her behavior in accordance with all applicable laws. All prize details are at Sponsor's discretion.
6) Limitations on Liability: By participating in the Sweepstakes, the entrant agrees that Sponsor, Administrator, their respective parents, subsidiaries, affiliated companies, agents, retailers, advertising and Sweepstakes agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents, 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 Rules and are fully familiar with its contents. 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 AND THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES WILL BE CONSTRUED IN ACCORDANCE WITH NEW YORK LAW, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (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 OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED $100, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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.
7) General Rules: By participating in the Sweepstakes, entrants agree to be bound by these Rules, the Gilt Terms of Service at http://www.gilt.com/company/termsOfUse, and the decisions of the Administrator. Winners may be required to execute and return an Affidavit of Eligibility, Release of Liability, and where legal, a Publicity Release, within three days of first notification attempt or the prize will be forfeited and an alternate winner selected. Acceptance of prize constitutes permission for the Sponsor and its agencies to use winners' name and/or likeness, biographical information, and/or entry form for purposes of advertising and trade and on the winner's 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 Rules, the Rules shall prevail, govern and control. Entries become the property of the Sponsor. The Sponsor and its agencies and Administrator 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. 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 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 Rules shall not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, 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.
9) Winner List: The winners list will be posted at http://www.facebook.com/GiltGroupe within a reasonable amount of time after the close of the Sweepstakes. The winners list also may be obtained by sending a stamped, self-addressed envelope marked "Gilt Baby & Kids Nickelodeon Fresh Beat Band Jacket Sweepstakes" to Gilt Groupe, Inc. c/o Loren Chidoni, 2 Park Avenue, 5th Floor, New York, NY 10016. Vermont residents may omit return postage.