The Bag Grab Giveaway: Official Rules

Promotion may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry.  This Promotion is governed exclusively by the laws of the United States.  You are not authorized to participate in the Promotion if you are not located within the 50 United States or the District of Columbia.

1. How to Enter.  To enter the Bag Grab Giveaway (“Promotion”), active members of www.ruelala.com (each, a “RLL Member”) must follow the directions in an email sent by or on behalf of the Sponsor on or about March 20, 2012. You will automatically receive one (1) entry for each person that you refer during the Promotional Period in compliance with the Promotion as set forth herein (each, a “Completed Referral”).

You may not refer yourself. You may only refer persons with whom you have an existing relationship, and each person you refer must have a valid email address. No automated entry devices and/or programs permitted. Sponsor will determine in its sole discretion how many Completed Referrals each entrant has made. All entries become the sole and exclusive property of the Sponsor, and receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes). Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted, or garbled referrals or entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor.

2. Start/End Dates. Promotion begins at 11:00:00 AM ET on March 20, 2012 and ends at 11:59:59 PM ET on March 27, 2012 (“Promotion Period”).

3. Eligibility. Participation open only to legal residents of the fifty United States or the District of Columbia who are at least 18 years old as of date of entry and are Rue La La Members with a valid email address. Void outside the 50 United States and the District of Columbia and where prohibited, taxed, or restricted by law. Employees, officers, and directors of Retail Convergence.com, LP (“Sponsor”) and its parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of sweepstakes materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Promotion may only be entered in or from the 50 United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the Promotion if you are not located within the 50 United States or the District of Columbia or a Rue La La Member.  All federal, state, and local laws and regulations apply.

4. Random Drawing/Odds.  Winners will be selected in a random drawing from all eligible entries received on or around March 30, 2012. Odds of winning depend on the number of eligible entries received for the Promotion. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Promotion.

5. Prize(s).  There will be three winners. One winner will receive a Mulberry Daria Satchel (ARV:  $1,200.00); one winner will receive a Fendi Borsa Chef Purse (ARV:  $1,2300.00); and one winner will receive a Chloe Lina Tote (ARV:  $1,995.00). Total approximate retail value of all prizes combined: $4,425.00. Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All unspecified expenses are the responsibility of each winner.

6. Notification. Winners will be notified by email and will be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within ten days of prize notification. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit and Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. All prizes will be sent to the address on winner’s Affidavit. If any winner cannot be contacted within five calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, or if any winner rejects his/her prize or in the event of noncompliance with these Promotion rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household. 

7. Conditions. All federal, state, and local taxes are the sole responsibility of each winner. Participation in Promotion and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants, each winner agrees to release and hold harmless Sponsor, its affiliates, partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, the “Released Entities”) from any and all liability, for loss, harm, damage, injury, cost, or expense whatsoever including without limitation, property damage, personal injury, and/or death which may occur in connection with participation in the Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation, or invasion of privacy and merchandise delivery. Sponsor is not responsible if Promotion cannot take place or if the prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.

8. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the Authorized Account Holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed, robotic, or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors, or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete, or inaccurate capture of entry information (regardless of cause), or failed, incomplete, garbled, jumbled, or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend this Promotion (in its sole discretion) should  virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or website. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten, or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

9.  Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE PROMOTION, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE PROMOTION. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND ALL PRIZES ARE PROVIDED “AS IS”  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Suffolk in the Commonwealth of Massachusetts. The parties agree not to raise the defense of forum non conveniens.

11. Use of Data.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at www.ruelala.com/common/privacyBy participating in the Promotion, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

12. List of Winners/Winner’s Name. To obtain a list of winners, send a self-addressed, stamped envelope by June 30, 2012 to:  Rue La La, 20 Channel Center, 3rd Floor, Boston, MA  02210.

Sponsor.  Retail Convergence.com, LP, 20 Channel Center, 3rd Floor, Boston, MA  02210.

January 1, 2012