NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Please read these rules (the “Official Rules”) before entering the Sweepstakes. By entering and participating in the Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements set forth below.
Sweepstakes 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 Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia.
1. Eligibility. Participation in the Sparkle Up a Storm Sweepstakes (“Sweepstakes”) is open only to legal residents of the 50 United States & DC who are aged 18 or older. Sweepstakes is void elsewhere and where prohibited or restricted by law. Employees, officers and directors of Retail Convergence.com, LP (“Sponsor”) and Seno Jewelry, LLC d/b/a IPPOLITA (“IPPOLITA”), and each of their respective parent and related companies, affiliates, subsidiaries, divisions, partners, advertising and promotion agencies, and any manufacturers or distributors of Sweepstakes materials (collectively, all of the foregoing, the “Released Parties”), and their immediate family members (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia. All federal, state and local laws and regulations apply. IPPOLITA is not a sponsor of this Sweepstakes.
2. How to Enter. To enter the Sweepstakes, you must log into the Rue La La website at www.ruelala.com using your account information, read and agree to the Official Rules, and click the “Enter Now” button.
All entrants must have a valid email address. Limit one (1) entry per person/email address during the Sweepstakes Period, as defined below. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
3. Start/End Dates. Sweepstakes begins at 11:00:01 am Eastern Time (“ET”) on January 22, 2013 and ends at 10:59:59 am ET on January 24, 2013 (the “Sweepstakes Period”).
4. Random Drawing/Odds. One (1) winner (the “Winner”) will be selected in a random drawing on or about January 25, 2013 from all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received for the drawing. All random drawings will be conducted by Sponsor. By entering the Sweepstakes, each entrant fully and unconditionally agrees to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
5. Prize: One (1) prize of a Stella Mini Lollipop Pendant in Turquoise Doublet will be awarded. Estimated retail value (“ERV”) of the prize is four hundred ninety five dollars ($495.00). Additional prize award details may be provided to the winner at the time of the prize notification. Prizes are non-transferable. No substitutions or cash redemptions. If in the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes and unspecified expenses are the sole responsibility of the Winner.
Each Winner acknowledges that the Sponsor, Released Parties 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.
6. Notification. The Winner will be notified by email on or about January 25, 2013 and may be required to sign and return, where legal, an Affidavit of Eligibility and Release within seven (7) days of prize notification. If the Winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if the winner rejects his/her prize, or in the event of noncompliance with these Official Rules, the prize will be forfeited and an alternate Winner will be selected from among all remaining eligible entries, time permitting. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household.
7. License/Usage. By entering the Sweepstakes, each entrant fully and unconditionally agrees to be bound by these Official Rules, which will be final and binding in all matters relating to the Sweepstakes. By entering, each entrant agrees to the use of his/her their name, address (city and state), photograph, picture, portrait, voice, likenesses, biographical information, and/or statements for purposes of advertising, trade, or promotion in any media (now known or hereafter known) throughout the world in perpetuity, without further compensation, notification or permission, unless prohibited by law. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and each Winner waives any right to inspect or approve any such use of any and every nature and kind. If any Winner is deemed a minor in his/her jurisdiction of residence, then such prize will be awarded to such Winner’s parent or legal guardian.
8. Release. By participating, each entrant and Winner agrees to release, indemnify and hold harmless Sponsor and the Released Parties 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, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and claims based on publicity rights, defamation, invasion of privacy, breach of contract and/or merchandise delivery. Neither Sponsor nor any Released Parties are responsible for any damages, taxes, or expenses that Winner(s) might incur as a result of this Sweepstakes or receipt of prize. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way, may be disqualified.
9. Additional Terms. In case of dispute as to identity of 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 attempted form of entry other than as set forth above is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Neither Sponsor nor Released Parties are 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 Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes 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 Sweepstakes. In case of termination, Sponsor will select the Winner 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 Sweepstakes or website. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes 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. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning. Sponsor is not responsible if Sweepstakes 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 or for any other reason outside Sponsor’s reasonable control. No more than the stated number of prizes will be awarded.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB-SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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.
10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED PARTIES 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 SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10.00. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES 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.
11. 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 Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes 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 the Commonwealth of Massachusetts, City of Boston.
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 Sweepstakes, 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.
13. List of Winner(s). To obtain a list of Winner(s), send a self-addressed, stamped envelope by April 30, 2013 to: Retail Convergence.com, LP, 20 Channel Center, Boston, MA 02210, Attn: Marketing Department: Winner Confirmation Request – Sparkle Up a Storm Sweepstakes.
14. Sponsor. Retail Convergence.com, LP, 20 Channel Center, Boston, MA 02210.