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The Rue La La “Hanky Panky” Voter Sweepstakes
NOTICE TO ONLINE ENTRANTS
In the event of a dispute regarding the identity of an online entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Sponsor, Facebook, Inc., their affiliate companies, parents, subsidiaries, divisions, officers, directors, and agents are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winners from among all eligible entries received prior to withdrawal.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER, OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Eligibility: The Rue La La “Hanky Panky” Voter Sweepstakes is open to legal residents of the 50 United States and the District of Columbia (U.S.), age 18 or older at the time of entry (“Entrant”). Void outside the U.S., in Puerto Rico, and wherever else prohibited by law. Employees of Retail Convergence.com, LP (the “Sponsor”), their subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
Limit: Each HP College Underwear Brand may receive one entry vote per day, per person, per email address. In the event of a dispute, votes will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of voting. “Authorized Account Holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
Entrants who spam or create extra Facebook accounts for the purpose of casting votes will have their votes disqualified and their submissions may be voided. Decisions of the Sponsor are final relating to all aspects of the online voting process and results. The Sponsor may disqualify any Entry if Entrant or related parties violate any of the terms and conditions attached to the Sweepstakes or these Official Rules.
Prizes/ Approximate Retail Value (“ARV”): There will be ten winners selected from each of the Top Five HP College Underwear Brands that received the highest number of votes.
First Place College Brand: Ten first place winners will each receive one $150 Hanky Panky gift card*. Winners will also each receive the first place school’s three-item merchandise collection (ARV $113 each). Total ARV of each prize: $238. Total ARV of First Place Prizes: $2,380.
Second Place College Brand: Ten second place winners will each receive one $100 Hanky Panky gift card*. Total ARV of Second Place Prizes: $1,000.
Third Place College Brand: Ten third place winners will each receive one $75 Hanky Panky gift card*. Total ARV of Third Place Prizes: $750.
Fourth Place College Brand: Ten fourth place winners will each receive one $50 Hanky Panky gift card*. Total ARV of Fourth Place Prizes: $500.
Fifth Place College Brand: Ten fifth place winners will each receive one $25 Hanky Panky gift card*. Total ARV of Fifth Place Prizes: $250.
The total ARV of all prizes is: $4,880.
*Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the complete terms and conditions for Hanky Panky gift cards.
Odds: The odds of winning a prize in this Sweepstakes is dependent upon the total number of eligible entries received.
Random Drawing: At the end of the Sweepstakes Voter Entry Period, the HP College Underwear Brands with the five highest vote counts received by the General Public will be declared the First, Second, Third, Fourth, and Fifth Place College Category Brands respectively. Entrants who voted for each of the top five College Category Brands will then be entered into the respected brands random drawing for the corresponding prize for First, Second, Third, Fourth, or Fifth place. Prize winners will be selected in a series of random drawings on or about Saturday, October 22, 2011 from among all eligible entries received within the Sweepstakes Voter Entry Period by The US Sweepstakes & Fulfillment Company, an independent agent of the Sponsor whose decisions are final. Winners will be notified by email and requested to confirm their mailing address via return email within 48 hours.
If prize notification is returned as undeliverable, or if a selected winner cannot accept or receive the prize for any reason within the timeframe specified, or he/she is found to be ineligible or not in compliance with these Official Rules, the corresponding prize will be forfeited and an alternate winner will be selected in a separate random drawing. If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner’s parent or legal guardian.
Winners will be announced on the Rue La La Facebook page on or about Monday, October 24, 2011.
Prizes will be sent to the address on the entry form or new address provided via email within 4-6 weeks of winner being verified. If a prize is returned as undeliverable the prize will be awarded to an alternate winner in a separate random drawing. Upon disqualification, no compensation will be given.
Prize Conditions: Winners are responsible for all federal, state, local, and income taxes associated with winning prize. The prize package will be awarded within approximately 45 days after the winner is verified. Prizes are not redeemable for cash. Prizes are non-assignable or transferable. No substitution is permitted except if prize or prize component is unavailable, in which case a prize of equal or greater value will be awarded. Any other incidental expenses on prize not specified herein are the sole responsibility of each winner. Except where prohibited by law, entry and/or acceptance of prize constitutes permission to use winner’s name, prize won, hometown, likeness for purposes of advertising, promotion, and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification, or permission. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein, and winner waives any right to inspect or approve any such use of any and every nature and kind. Prize is guaranteed to be awarded.
Winners acknowledges that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
General: Participating Entrants agree to these Official Rules and the decisions of The US Sweepstakes & Fulfillment Company and the Sponsor, and entrants release the Sponsor, their affiliated companies, Facebook Inc., and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors, and agents of each (collectively, the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the prize. By participating in the promotion, each entrant releases and agrees to indemnify the Released Parties and hold them harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental, or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the promotion, or arising out of participation in any promotion-related or prize-related activity, or the receipt, enjoyment, participation in, use or misuse, of any promotion or prize-related activity, whether hosted by Sponsor or a third party. Winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this Sweepstakes or use/misuse or redemption of the prize.
Disputes: Except where prohibited, Entrants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Massachusetts. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Winner Confirmation: For a written confirmation of the winner (available after Saturday, October 22, 2011), send a stamped, self-addressed envelope (no later than Monday, December 5, 2011), to:
The Rue La La “Hanky Panky” Voter Sweepstakes, Winner Confirmation Request
PO Box 25497
Rochester, NY 14625
Administrator: The US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625.
Sponsor: Retail Convergence.com, LP, 20 Channel Center, Boston, MA 02210.
Important: This Promotion is not in any manner sponsored, endorsed, administered by, or associated with Facebook. Becoming a fan of the Rue La La Fan Page on Facebook does not constitute an entry into the Promotion. Any questions, comments, or complaints regarding this Sweepstakes should be sent via mail to:
Rue La La, a division of Retail Convergence.com, LP
20 Channel Center
Boston, MA 02210
Void outside the U.S., in Puerto Rico, and wherever else prohibited.