Rue News: Rue La La’s Birthday Tweetstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Promotion may only be entered in or from the 50 United States, 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 United States.
1. How to Enter. During the Promotion Period, visit http://www.twitter.com/RueLaLa (“Sponsor’s Twitter Page”) to receive instructions on how to enter the Promotion. Prior to doing so, you will be prompted to sign into your Twitter account. If you do not have an account, visit www.twitter.com to create one. Twitter accounts are free. Once logged into your Twitter account, follow the links and instructions to become a follower of http://www.twitter.com/RueLaLa and click on the icon to follow Rue La La. Twitter is not a sponsor of this Promotion. Once you have signed up to follow Rue La La, in order to receive an entry you must correctly answer the trivia questionstweeted by the “@ruelala” Twitter account during each Hourly Entry Period. Only entries during each Hourly Entry Period with a correct answer and hashtag (#happybdayrue) to the Twitter handle, @RueLaLa, will be accepted and you will automatically receive one (1) entry for the applicable Hourly Entry Period. There is a limit of one (1) entry per each Hourly Entry Period per person/Twitter account. To be eligible for the prize awarded during the Initial Hourly Entry Period, yourentry must be received between 10:00AM (ET) on 04/09/12 and 10:59 am (ET) on 04/09/12 (“First Entry Period”). For each subsequent Hourly Entry Period thereafter, your online entry must be received on 04/09/12 between the hours (ET) as follows: 11:00 am and 11:59 am; 12:00 pm and 12:59 pm; 1:00 pm and 1:59 pm; 2:00 pm and 2:59 pm; 3:00 pm and 3:59 pm; 4:00 pm and 4:59 pm. Entries from each Hourly Entry Period beginning with the Initial Hourly Entry Period will NOT be rolled over to each subsequent Hourly Entry Period. Entrants will only be eligible to win a prize for the Hourly Entry Period during which they are received.
Limit: There is a limit of one (1) entry per each Hourly Entry Period per person/Twitter account. If you post updates to or receive updates from twitter.com via SMS from your wireless phone, your wireless-service provider may charge you for each text message you send and receive. Please consult your wireless-service provider regarding its pricing plans. You must be an active holder of a non-private Twitter account and be a follower of the @RueLaLa account to be eligible to enter this Promotion. All terms and conditions of Twitter.com apply. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different twitter accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any twitter account, the authorized account holder of the email address used to register at twitter.com will be deemed to be the entrant. 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 winners may be required to show proof of being the authorized account holder.
All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled 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. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Promotion.
2. Start/End Dates. Promotion begins at 10:00 am ET on Monday, April 9, 2012 and ends at 5:00 pm ET on Monday, April 9, 2012 (“Promotion Period”) and each hour starting with 10:00 am ET to 10:59 am ET (the “Initial Hourly Entry Period”) during the Promotion Period is an “Hourly Entry Period”. The last Hourly Entry Period will begin at 4:00 pm ET on Monday, April 9, 2012.
3. Eligibility. Participation open only to legal residents of the 50 United States, the District of Columbia, who are 18 or older as of date of entry. Void outside of the 50 United States, the District of Columbia, and Canada and where prohibited, taxed or restricted by law. Employees, officers and directors of Retail Convergence.com, LP (“Sponsor”), and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. You are not authorized to participate in the Promotion if you are not located within the United States or the District of Columbia. All federal, state and local laws and regulations apply.
4. Random Drawing/Odds. One winner will be selected in a random drawing from among all eligible entries received for each of the Hourly Entry Periods during the Promotion, for a total of seven (7) winners. Winners will be selected on or about 6:00 pm ET, Monday, April 9, 2012. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by Sponsor. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Promotion.
If no entries are received for a given Hourly Entry Period, that Hourly Entry Period’s prize will be awarded as an additional prize in the following Entry Period, provided a sufficient number of entries are received for that Hourly Entry Period, unless no entries are received. In which case, then the previous Entry Period’s entries, if any, will be used to award the prizes. This process will be repeated until all prizes are awarded.
6. Notification. The potential winners will receive a direct message from Sponsor through the Twitter account used to enter the Promotion on or about 6:30 pm, Monday, April 9, 2012. The Potential winners will be required to respond to the direct message within 1 day of receipt. If any potential winner does not respond to the direct message within the required time frame prize will be forfeited and awarded to the next runner-up. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. If a potential winner cannot be contacted, or fails to complete and respond to the direct message within the required time period, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Promotion rules and requirements, such prize will be forfeited and may be awarded to the next entrant selected at random among all remaining eligibleentries. Upon prize forfeiture, no compensation will be given.
7. Conditions/Release. BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, TWITTER, AND THEIR ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, FROM ANY AND ALL LIABILITY, FORLOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN 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, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, state and local taxes are the sole responsibility of the winners. 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. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way shall be disqualified. Sponsor is not responsible if Promotion cannot take place or if any 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.
Participating entrants agree to these Official Rules and the decisions of the Sponsor, and entrants release the Sponsor, their affiliated companies, Twitter, and all other businesses involved in this Promotion, 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. Each winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Promotion 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 themharmless 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. Each winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this Promotion or use/misuse or redemption of the prize.
8. Additional Terms. Any attempted form of entry other than as set forth above is prohibited; noautomatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, 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 should (in its sole discretion) 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 web site. 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. By participating in the Promotion, you agree to defend, indemnify and hold harmless sponsor, twitter, and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach or alleged breach by you of these Official Rules, (ii) the use of your name, image, likeness, and/or hometown, (iii) your use of materials or features available via the Promotion or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE 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.
IN NO EVENT WILL SPONSOR BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason or if Sponsor is otherwise found to be liable to you in any manner, then Sponsor’s aggregate liability for all claims under such circumstances for liabilities, shall not exceed five dollars (USD $5).
10. Disputes. Except where prohibited, entrant agrees 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 orconflict of law rules (whether of the Commonwealth 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.
11. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by July 15, 2012 to: Retail Convergence.com, LP, Rue La La division, 20 Channel Center, 3rd Floor, Boston, MA02210. Attn: Rue La La’s Birthday Tweetstakes.
12. Sponsor. Retail Convergence.com, LP
20 Channel Center, 3rd Floor, Boston, MA 02210
This sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter. If you have any questions about this sweepstakes, please contact Sponsor and not Twitter.