Win a Trip to Terrain Contest Rules
TERRAIN and REMODELISTA WIN A TRIP TO TERRAIN GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law, in Rhode Island and outside the United States. Promotion begins on February 18, 2014 at 12:00:01 am Eastern Time ("ET") and ends on March 17, 2014 at 11:59:59 p.m. ET (the "Promotion Period"). Sponsor's computer is the official time keeping device for this Promotion.
1. Sponsor: This Promotion is sponsored by UO.com LLC, 5000 S Broad St. Philadelphia, PA 19112-1495 (“Sponsor”).
2. Eligibility: The Terrain and Remodelista Win a Trip to Terrain Giveaway is open to legal residents of the fifty (50) United States and the District of Columbia [excluding Rhode Island residents,] who are at least eighteen (18) years of age or the age of majority in their respective states/jurisdictions of permanent residence at time of entry. Employees, officers, and directors of Sponsor or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner.
3. How to Enter: There is one (1) method of entry, which is as follows:
a. Email Method of Entry: During the Promotion Period, enter your email address through the contest sign up form - enter a valid email address. Upon completion you will be entered with one (1) entry into the Promotion.
Limit One (1) entry per person/email account, no matter which method of entry is used. Entries in excess of the permitted number will be void. You must provide all required information to be eligible to enter and win. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified. All potential winners are subject to verification before the prize will be awarded. Normal Internet access and usage charges imposed by your online service may apply. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the participant. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, or any other methods will void that participant's entries, and that participant may be disqualified at Sponsor’s discretion. Multiple participants are not permitted to share the same email address, or any other account used for entry. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. 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. Potential winner may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
4. Selection of Winners: On or about March 20, 2014 , Sponsor will select the name of the potential winners of the prizes in a random drawing from among all entries received. The odds of winning are based on the number of eligible entries received. The potential winners will be notified by email on or about March 20, 2014. Except where legally 18prohibited, the potential winners must sign and return, within five (5) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim the prize. If the potential winners cannot be contacted in person via email within three (3) business days after the first attempt to contact him/her, or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release or Declaration of Compliance within the required time period (if applicable), or if he/she fails to comply with any of the requirements hereunder, or in the event that the potential winners are disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only 3-5 alternate drawings will be held, after which the prize will remain un-awarded.
5. Prize: One (1) prize will be awarded. The prize consists of one (1) Terrain gift card of five thousand dollars ($5,000), airfare for 2 from anywhere in the continental USA, a visit to Terrain at Styer's on April 19, 2014 with Julie Carlson from Remodelista, lunch and dinner for two at our garden café. Terrain gift card is not redeemable for cash; see front and back of gift card for additional terms and conditions. Approximate Retail Value (“ARV”) of the prize: $5000. ARV of all prizes total $5250 + cost of airfare.
Prize Restrictions: Any and all applicable federal, state, regional and local taxes (including but not limited to income and sales taxes) and all fees, expenses, service charges, and other costs related to acceptance and use of the prize not specifically stated herein are the sole responsibility of the prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right, at its sole discretion, to substitute prize of equal or greater value if the advertised prize is unavailable. Winner is responsible for any loss of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes. Any U.S. winner will be issued a 1099 tax form for the appropriate retail value of prize.
6. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; garbled transmissions or miscommunications; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) cancel or terminate the Promotion (or any portion thereof) and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. Release and Limitations of Liability: By participating in this Promotion, entrants agree that Sponsor, and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of the prize. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes at random from all legitimate, un-awarded, eligible entries.
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF EACH WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASES HEREUNDER ARE INTENDED TO APPLY TO ALL CLAIMS NOT CURRENTLY KNOWN OR SUSPECTED TO EXIST, WITH THE INTENT OF WAIVING THE EFFECT OF LAWS REQUIRING THE INTENT TO RELEASE FUTURE UNKNOWN CLAIMS.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS PROMOTION AND THE PRIZE, 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Publicity. EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING AT REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON http://www.shopterrain.com/, TELEVISION BROADCAST OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
9. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Pennsylvania or the appropriate Court located in the Commonwealth of Pennsylvania; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
11. Severability: The provisions of these Official Rules are severable, and in the event any provision is determined to be invalid or unenforceable, the remaining provisions will remain in effect.
12. Winner List: The winner list will be posted on http://www.shopterrain.com within [_21_] days after the end of the Promotion .
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