[Birthday Bash] SWEEPSTAKES
OFFICIAL RULES AND TERMS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. VOID WHERE PROHIBITED. SPONSORED BY EVINE LIVE INC. (“SPONSOR”).
1. Eligibility: The [Birthday Bash] Sweepstakes (the "Promotion") is open to legal residents of the 50 United States or the District of Columbia who are 21 years of age or older at the time of entry. Employees of Sponsor and its affiliates, subsidiaries, licensees, vendors, and advertising and promotion agencies (“Promotion Entities”), as well as the immediate family members (defined as parents, children, siblings, and spouses of each) and those living in the same household of each such employee are not eligible to enter. This Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited.
2. Agreement to Rules. By participating, you the entrant (“You” or “you”) agree to be fully and unconditionally bound by these Official Rules and Terms ("Official Rules"), and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of Sponsor as final and binding in all matters related to the Promotion.
3. Promotion Period: Promotion starts [2/11/2019] at 12:00 am ET and ends [3/4/2019] at 11:59 pm ET ("Promotion Period").
4. How to Enter: To enter, go to (the “Promotion Website”) and complete the online entry form [Enter in Name, Email and Phone Number]. You must answer all required fields of the online entry form, and your entry must be received by 11:59 pm ET on [3/4/2019]. Entries will be considered timely and valid based on the auto-generated timestamp on the online entry form.
Alternatively, you may enter by mailing a 3” x 5” postcard with your name, email address, mailing address, and the words “[Birthday Bash] Sweepstakes” to Evine Live, Inc., ATTN: [Theresa Klein], 6740 Shady Oak Road, Eden Prairie MN 55344. Mailed in entries must be postmarked by [3/4/2019].
5. Additional Terms of Entry: Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. Regardless of method of entry, there is a limit of one entry per person.
You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor. Entries become sole property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, misdirected or postage due entries, all of which may be disqualified. In the event of a dispute as to who submitted an online entry, the entry will be deemed submitted by the authorized account holder at the time of entry. You may be required to establish proof of being the authorized account holder.
Sponsor may prohibit an entrant from participating in the Promotion 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 practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor or its agents or if entrant has or has attempted to submit malicious code, .exe files or any file that contains malicious code.
The following entries will be disqualified as determined by Sponsor in its sole discretion: entries that contain information deemed to be lewd or profane; contain material that violates or infringes on another’s rights, including privacy, publicity or intellectual property; material that is hateful or defamatory; material that promotes discrimination, bigotry, racism, or harm against a group or individual; or material that is unlawful or in violation of or contrary to the laws or regulations in any state.
6. Selection and Notification of Winners: [One] winner ( “Winner”) will be selected by a random drawing from among all eligible and timely entries. Winner will be notified via email and/or phone call. Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. Winner may be required to sign an affidavit of eligibility and liability and publicity release (“Release”) and an IRS Form W-9, which must be completed, signed, notarized and returned within seven (7) business days from the date of issuance. If Winner cannot be contacted, is ineligible, declines the prize or fails to claim the prize within ten (10) calendar days from the time award notification was sent, or fails to timely return a completed and executed Release as required, the prize may be forfeited, and an alternate Winner may be selected by random drawing. Whether or not to select an Alternate Winner shall remain at all times in Sponsor’s sole discretion. Even if announced via broadcast or internet, you are not a Winner and may not receive a prize unless and until your eligibility has been verified and you have been notified that the verification is complete.
Receipt by Winner of the prize offered in this Promotion is conditioned upon compliance with these Official Rules and with any and all federal, state, and local laws and regulations.
7. Prizes: The verified Winner will receive [One $5,000 Evine Shopping Credit]. This $5,000 Evine credit will be applied to your Evine customer account, will be valid for ninety (90) days from the date of issuance, and will automatically be applied to your next Evine order. This Evine credit is non-transferrable, has no cash value, and cannot be applied to your Evine credit card balance, existing orders or future ValuePay® payments.
Winners without an Evine customer account will have an Evine customer account set up in their name with the appropriate credit allocated. A credit card [JW1] may be required to set up a new Evine customer account. Once a prize award is applied to an Evine customer account it may be used on future purchases up to a period of ninety (90) days from the date the credit is posted to their account. If not used within this time period, the prize will be forfeited.
The estimated retail value of this prize is $5,000.
Limit one prize per person, family or household. No cash redemption of any prize. No transfer of any prize. Prize (or any components thereof) may not be substituted, except by Sponsor for a prize of equal or greater value. Participants are ineligible for prize award if any account with Sponsor is void, delinquent or invalid by operation of law or otherwise.
All federal, state and local taxes are the sole responsibility of Winner. By entering, you agree that if you are selected and verified as a Winner, you will complete and provide to EVINE a signed IRS Form W-9 so that EVINE may issue a Form 1099 to you.
8. Odds: The odds of winning depend on the number of eligible entries received during the Promotion Period.
9. Federal Trade Commission (FTC) Endorsement Rules: You acknowledge and agree that if you choose to provide a review or endorsement of any EVINE product, you are legally obligated to make clear and conspicuous disclosure of the [$5,000 Evine Credit] and any other gifts or benefits you are receiving from EVINE. You agree that before, during, or within six (6) months after your receipt of the prize, you will accompany any review or endorsement of any EVINEproduct with a clear and conspicuous disclosure such as “Thanks to EVINE for the free [$5,000 Evine Shopping Credit]!” or “#Evinefree[shoppingcredit].” Please note that even small gestures such as tagging us, sharing a link, or providing any kind of comment regarding Evine social media may be deemed an endorsement requiring this disclosure.
You further agree that any reviews or endorsements you provide concerning an EVINE product must not contain any statement which is false, misleads the viewer, or misrepresents a product. Such statements may include: Any outright untruth concerning (i) the nature and/or features of a product, (ii) the origin and/or history of a product or its manufacturer or vendor, or (iii) any unsubstantiated claims as to product performance or guaranteed results.
10. Rights Granted by You: By entering, you understand and agree that Sponsor, anyone acting on behalf of Sponsor, and its licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Promotion, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent.
11. Limitation of Liability: By entering, you agree to release Sponsor, Promotional Entities, and each of their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, and all their respective employees, directors, officers, shareholders, agents, successors, or assigns (the “Released Parties”) from any claims, losses, actions, or damages, whether actual, incidental or consequential, arising out of or relating to your participation in this Promotion, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities.
Sponsor, Promotion Entities, and each of their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, and all their respective employees, directors, officers, shareholders, agents, successors, or assigns are not responsible for incorrect or inaccurate transfer of entry information, human error, technical malfunction, lost/delayed data transmissions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access websites, or damage to a user’s computer system (hardware and/or software) due to participation in this Promotion or any other problem or error that may occur.
If for any reason this Promotion is not capable of running as planned, or if this Promotion or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of this Promotion and processing of entries per these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this Promotion or any portion thereof.
Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such method. In the event this Promotion is cancelled, Sponsor reserves the right to conduct a random drawing to award the prize from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation.
CAUTION: Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law; 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.
12. No Waiver: The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Disputes: Except where prohibited by law, you agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action; 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 you agree not to seek any awards for, and waive 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 the Promotion Entities in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
15. Winners List: To obtain notification of the Winners, mail your request along with a self-addressed stamped envelope to: “[Birthday Bash] Sweepstakes,” Evine Live Inc., ATTN: [Theresa Klein], 6740 Shady Oak Road, Eden Prairie, MN 55344. Deadline for requests is [5/4/5019]. Vermont residents may omit the return envelope.
16. Sponsor/Administrator: The Sponsor of the Promotion is Evine Live Inc., 6740 Shady Oak Road, Eden Prairie, MN 55344.