DailyCandy's "A Handbag Everyday" Sweepstakes - Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
1. ELIGIBILITY: DailyCandy's "A Handbag Everyday" Sweepstakes (the "Sweepstakes") is open only to legal residents of forty-nine (49) states of the United States and the District of Columbia (void in Rhode Island, Puerto Rico, all U.S. Territories and Possessions and all Overseas Military Installations) who are at least eighteen (18) years of age or older as of August 8, 2012, with access to the Internet at all times during the Sweepstakes Entry Periods (as defined below) and subsequent Prize Award Period (as defined below). All employees of DailyCandy, LLC ("Sponsor") and all associated agencies and each of their respective parent corporations, subsidiaries, affiliates, sales representatives, distributors, licensees, vendors, contractors, or agents (all of the foregoing, together with Sponsor, collectively referred to as "Sweepstakes Entities"), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Sweepstakes. All applicable laws and regulations apply. Void where prohibited or restricted by law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these Official Rules.
2. SWEEPSTAKES ENTRY PERIODS: The Sweepstakes shall have seventeen (17) separate entry periods (each a "Sweepstakes Entry Period" and all entry periods collectively the "Sweepstakes Entry Periods"). The prize drawing for each Sweepstakes Entry Period is a separate sweepstakes, and an entry in one Sweepstakes Entry Period will not roll over to be included in drawings for subsequent Sweepstakes Entry Periods. The first Sweepstakes Entry Period will begin at 12:00 a.m. Eastern Time ("ET") on August 8, 2012, and end at 11:59 p.m. ET on August 8, 2012 ("Day 1"). The following sixteen Sweepstakes Entry Periods will begin at 12:00 a.m. ET and end at 11:59 p.m. ET on the same day, beginning on August 9, 2012, and continuing through August 24, 2012 ("Days 2 - 17"). One potential Sweepstakes Winner (defined below) will be selected from entries properly submitted for each Sweepstakes Entry Period. You must enter each Sweepstakes Entry Period separately to be eligible to win for that Sweepstakes Entry Period.
3. SWEEPSTAKES ENTRY INSTRUCTIONS: During the Sweepstakes Entry Periods, you will be automatically entered into the Sweepstakes when you: (1) vote for a finalist in DailyCandy's Start Small, Go Big contest at http://www.dailycandy.com/startsmallgobig in each of the following five categories: (i) Health & Beauty, (ii) Fashion, (iii) Food & Drink, (iv) Home and (v) Digital & Tech, as well as for a finalist for The Most Inventive award, and (2) enter your email address where prompted, for the Sweepstakes Period during which your vote is cast ("Online Entry"). Limit one (1) Online Entry per person, per email address and per household per Sweepstakes Entry Period. Illegible, late, lost, incomplete, or garbled Entries are not eligible. Online Entries will be deemed submitted by the authorized account holder of the email address through which the entry was submitted.
4. PUBLICITY:As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and each Winner by accepting a prize grants to Sponsor and Sponsor's affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the entrant's name, city, state, and biographical material (collectively, "Licensed Rights") in any media now known or hereafter devised, throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.
5. SELECTION OF SWEEPSTAKES WINNERS:One (1) potential Winner will be selected in a separate random drawing for each of the seventeen (17) separate Sweepstakes Entry Periods, all to be held on or about August 27, 2012. Odds of winning will depend on the number of eligible entries received for each Sweepstakes Period. Each potential Winner will be notified via email to the email address submitted with his/her entry within two (2) weeks after the drawings (the "Prize Award Period"). The drawings will be conducted by Sponsor, the judge of the Sweepstakes, whose decisions on all matters relating to the Sweepstakes shall be final and binding. The potential winners may be required to execute and return an Affidavit of Eligibility/Liability and Publicity Release within ten (10) business days of attempted notification or the potential winners may be disqualified and an alternate potential winner selected. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential winner's failure to respond to notification promptly after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) a potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) a potential prize winner's failure to validly claim the prize within fourteen days of prize notification; and (5) any other non-compliance with the Official Rules. In the event of prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner selected at random.
6. PRIZES:Each prize drawing for each Sweepstakes Entry Period is a separate sweepstakes. One (1) Prize will be awarded to one (1) winner ("Winner") for each of the seventeen (17) Sweepstakes Entry Periods. Each Prize will consist of: one (1) Jonathan Adler Circle Ornaments Rope Tote (Approximate Retail Value ("ARV") $250.00) and one (1) two hundred fifty dollar DailyCandy Deals credit (ARV $250.00). DailyCandy Deals credit will be deposited in Winner's DailyCandy Deals account, is good only towards the purchase of DailyCandy Deals, and is valid through March 31, 2013. If the credit issued is not used to purchase DailyCandy Deals during the period in which it is effective, the credit will expire and will not be extended or replaced. Winner must have a DailyCandy Deals account to receive and store DailyCandy Deals credit, and if Winner does not yet have a DailyCandy Deals account, he/she can create a free account at http://deals.dailycandy.com. Total ARV of all prizes in each Sweepstakes Period is five hundred dollars ($500.00).
Prizes are not redeemable for cash and are not transferable except to a surviving spouse residing in the same household. No substitutions allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. All taxes on the prizes, if any, and other expenses related to accepting and/or using the prizes not listed in these Official Rules are the sole responsibility of each Winner, who will each receive a form 1099 reflecting the actual retail value of the Prizes awarded, if applicable. Prizes will only be shipped to addresses in the United States, and will be awarded provided they are validly claimed by October 15, 2012, after which no alternate winners will be selected, nor unclaimed prizes awarded.
7. GENERAL RULES:By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, the terms and conditions of the Sweepstakes Entities' websites, and by the decisions of Sponsor, which are final and binding in all respects. By entering the Sweepstakes, entrants waive the right to claim any ambiguity or error in these Official Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sweepstakes Entities are not responsible for: (i) any incorrect or inaccurate information or technical failures of any kind, (ii) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (iii) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at Sponsor's sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select a prize winner from all eligible, non-suspect entries received prior to such action. Sponsor also reserves the right at Sponsor's sole discretion to disqualify the entry of any individual found to be: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information. Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Sweepstakes.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In any cause of action, the Sweepstakes Entities' liability will be limited to two hundred fifty dollars ($250.00), and in no event shall the Sweepstakes Entities be liable for attorneys' fees and/or experts' fees and costs. By participating in the Sweepstakes, entrants waive the right to claim any other damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
8. PARTICIPANT OBLIGATIONS: By participating in the Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor. By accepting the prize, each Winner agrees to release and hold harmless the Sweepstakes Entities from and against any and all losses, damages, rights, claims, actions and liabilities of any kind in connection with the Sweepstakes or receipt or redemption of the prize. Each Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in the Sweepstakes or use or redemption of the prize. Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of New York without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of New York.
10. RULES/WINNERS' LIST REQUESTS:To obtain a copy of these Official Rules or for notification of the winners, send a self-addressed stamped envelope to: DailyCandy's "A Handbag Everyday" Official Rules/Winner List Request, 584 Broadway, Ste. 201, New York, NY 10012. Requests for winners' lists must be received no later than three (3) months after the end of the last Sweepstakes Period. VT residents may omit return postage.
11. SPONSOR: DailyCandy, LLC, 584 Broadway, Ste. 201, New York, NY, 10012