Giveaway 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: SunglassWarehouse.com’s Vacation Giveaway Sweepstakes ("Sweepstakes”) is open only to legal residents of the forty-nine (49) 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 January 5, 2009. All employees of SunglassWarehouse.com (“Sponsor”), One Click Internet Ventures and all associated agencies and each of their respective affiliates, sales representatives, distributors, licensees or agents (all of the foregoing, together with Sponsor are hereinafter collectively referred to as the “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 federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these "Official Rules".
2. SWEEPSTAKES PERIOD: The Sweepstakes entry period begins at 9:00 a.m. EASTERN Standard Time ("EST") on January 6, 2009 and ends at 11:59 p.m. EST on February 16, 2009 (the "Sweepstakes Period"). Winners will be selected from entries properly submitted during the Sweepstakes Period. All online entries must be received by 11:59 p.m. (Eastern Standard Time) on 02/16/09.
3. SWEEPSTAKES ENTRY INSTRUCTIONS: To enter the Sweepstakes, enter your first name and email address at http://www.sunglasswarehousegiveaway.com/. Limit one entry per person; provided, however, that bonus entries are available by following SunglassWarehouse.com on Twitter, becoming a fan of SunglassWarehouse.com on Facebook, becoming a friend of SunglassWarehouse.com on MySpace, or blogging about the Sweepstakes or SunglassWarehouse.com.
4. PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant and each potential Grand Prize Winner, by accepting the Grand Prize, grants to Sponsor and Sponsor's affiliates, legal representatives, assigns and licensees, a perpetual, worldwide, royalty-free license and right, to publicize, broadcast, display and/or otherwise use the Sweepstakes 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 of the Grand Prize Winner.
5. SELECTION OF SWEEPSTAKES WINNER: The potential Grand Prize Winner will be selected in a random drawing to be held on February 17, 2009 at 1:00 p.m. EST. The potential Grand Prize Winner will be selected from all eligible entries received during the Sweepstakes Period. Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period. The potential Grand Prize Winner will be notified via e-mail to the e-mail address submitted with his/her entry within twenty-four (24) hours after the drawing (“Prize Award Period”). The drawing will be conducted by the Sponsor, whose decisions on all matters relating to the Sweepstakes shall be final and binding. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) potential Grand Prize Winner’s failure to respond to notification within seven (7) days after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) potential Grand Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) potential Grand Prize Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its transmission; (5) potential Grand Prize Winner’s failure to be available to complete the Trip by December 31, 2009; (6) potential Grand Prize Winner’s failure to validly claim the prize by February 24, 2009; and (7) any other non-compliance with the Official Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.
6. PRIZES: One (1) “Grand Prize” will be awarded to the “Grand Prize Winner”, which will include: $2500 to use for airfare and hotel, $300 in spending money, (4) four pairs of sunglasses, (1) one beach tote, (2) two bottles of sunscreen, and (2) two beach towels (Estimated Retail Value $3,000, United States Currency).
All expenses not specifically mentioned herein are not included and are solely the Grand Prize Winner’s responsibility, including but not limited to: round trip transportation between the Grand Prize Winner’s residence and any airport of origin, ground transportation in Destination, travel insurance, room service, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Airline carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor’s approval, and Trip must be completed by December 31, 2009. The winner and guest must travel together on the same itinerary, and a minor may not participate in the Trip unless accompanied by his or her parent or legal guardian as one of the guests for the Trip. All guests will be required to execute and return a Release of Liability prior to ticketing.
The Grand Prize is not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. The Grand Prize will be awarded provided it is validly claimed by February 24, 2009.
7. GENERAL RULES: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, and by the decisions of Sponsor, which are final and binding in all respects. Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) 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 its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). Sponsor also reserves the right at its 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.
8. PARTICIPANT OBLIGATIONS: By participating in this Sweepstakes, all entrants agree to be bound by these Official Rules and the decisions of Sponsor. By participating in this Sweepstakes and accepting any prize, entrants agree to release and hold harmless Sweepstakes Entities from and against 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 for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Moreover, Grand Prize Winner’s travel companions must also sign a similar release in order to participate in the prize award. Without limiting the foregoing release, no Sweepstakes Entity shall be liable for any loss or damage to (a) any baggage or any unauthorized intervention whether or not caused by any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity(ies), equipment failure, including overloading of the website due to excessive use, threatened terrorist act(s), terrorist act(s), air raid(s), blackout(s), act(s) of public enemy, earthquake(s), war(s) (declared or undeclared), fire(s), flood(s), epidemic(s), explosion(s), unusually severe weather, hurricane(s), embargo(s), labor dispute(s) or strike(s) (whether legal or illegal), labor or material shortage(s), transportation interruption(s) of any kind, work slow-down(s), civil disturbance(s), insurrection(s), riot(s), or any other similar or dissimilar cause(s) beyond Sponsor’s sole and reasonable control; (b) damage caused by computer virus or otherwise resulting to any computers from any entrant’s access to the Sweepstakes website or entry into the Sweepstakes; (c) printing or other errors appearing in the rules or other Sweepstakes materials; (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any entrant's participation in the Sweepstakes or receipt or use of any prize. Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the Grand Prize Winner's and his/her travel companion transportation and such contracts shall be solely between the Grand Prize Winner, his/her travel companion and such transportation companies. Sweepstakes Entities shall not be parties to such contracts and shall assume no responsibility in this connection. Sweepstakes Entities shall not be liable for any loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. If the Grand Prize Winner becomes disabled or cannot otherwise fully enjoy the Grand Prize travel package due to illness, Sponsor shall have the option of: (1) being relieved of liability for fulfillment of the Grand Prize award; or (2) at Sponsor's sole discretion extending the period during which the Grand Prize may be awarded for a period equal to the duration of the Grand Prize Winner's disability or illness, in which case certain prize components may not be available. The Grand Prize Winner must prove such disability by a doctor's certificate, which certificate shall be endorsed by another physician agreeable to Sponsor and Grand Prize Winner at Sponsor's expense. Sponsor's failure to enforce any term of these rules shall not constitute a waiver of that provision.
9. CHOICE OF LAW/ VENUE: Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of Indiana 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 located in Marion County, State of Indiana. By entering the Sweepstakes, all entrants waive all objections to venue and any defense based on the principle of forum non-conveniens.
10. TAXES: All taxes related to the Grand Prize are the responsibility of the Grand Prize Winner, who will receive an IRS Form 1099 reflecting the final actual value of the Grand Prize.
11. PERSONAL INFORMATION: The personal information collected through this Sweepstakes is subject to SunglassWarehouse.com’s Privacy Policy, located at /privacy.php. By entering this Sweepstakes, all entrants agree to the use of such personal information as described in the above Privacy Policy. All entrants also agree to receive emails from SunglassWarehouse.com including product updates, promotions, and special offers. All entrants can remove himself from the SunglassWarehouse.com email list anytime by using the unsubscribe link at the bottom of each email message.
12. WINNERS' LIST REQUESTS: For names of prize winners, after 2/17/2009, send a self-addressed stamped envelope to: SunglassWarehouse.com’s Vacation Giveaway Sweepstakes Winner List Request, 1064 S Greenwood Springs Blvd, Suite F, Greenwood, IN 46143. Requests for winners' lists must be received no later than three months after the end of the Sweepstakes Period.
13. SPONSOR: SunglassWarehouse.com, 1064 S Greenwood Springs Blvd, Suite F, Greenwood, IN 46143.
14. PARTIAL INVALIDATION: It is believed that each provision of these Official Rules comports with all applicable local, state and federal laws. However, if any provision or provisions, or any portion of any provision or provisions, of the Official Rules is found by any court of law to be in violation of any applicable law, state or federal ordinance, statute, administrative decision, or public policy, and if such court shall declare such portion, provision or provisions of the Official Rules to be illegal, invalid, unlawful, void or unenforceable, then it is the intent that any such portion, provision or provisions shall be given force to the fullest possible extent that they are legal, valid and enforceable, that the remainder shall be construed as if such illegal, invalid, unlawful, void or unenforceable portion, provision or provisions were not contained herein, and the rights, obligations and interests of the parties hereto under the remainder of these Official Rules shall continue in full force and effect.
15. NO ORAL MODIFICATIONS: No waiver, modifications, amendments, discharge or change of these Official Rules, except as otherwise provided herein, shall be valid unless the same is in writing and signed by the parties against whom the enforcement of such modification, waiver, amendment, discharge or change is sought. No waiver of any particular provision waives any other provision. Any such waiver or consent shall be effective only in the specific instances and for the purpose given.