The Work Day to Work Out In Style Giveaway Rules
“The Work Day to Work Out In Style Giveaway” OFFICIAL RULES
SPONSORED BY OF MERCER CLOTHING, LLC. and CARBON38 or (“SPONSORS”). NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. NOT OFFERED IN STATES WHERE REGISTRATION OF THIS SWEEPSTAKES IS REQUIRED. ENTRY IN THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. Entry deadline is February 28, 2015 at 11:59 pm Pacific Time (“PT”).
- SWEEPSTAKES:The Work Day to Work Out In Style Giveaway (the “Sweepstakes”) entry period begins on February 24, 2015, at 6:00am PT and ends on February 28, 2015 at 11:59 pm PT (the “Sweepstakes Entry Period”). Entries received during the Sweepstakes Entry Period will be entered into a drawing for a chance to win the Prize described below. On or about March 3, 2015, Sponsor will determine the winner(s) of the Sweepstakes, and prizes will be awarded in accordance with these Official Rules (the “Official Rules”) on March 3, 2015.
- BINDING AGREEMENT:In order to enter the Sweepstakes, you must agree to these Official Rules. Therefore, please read these Official Rules prior to entry to ensure you understand and agree. You may not submit an entry to the Sweepstakes and are not eligible to receive the prize(s) described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and the Sponsor with respect to the Sweepstakes.
- ELIGIBILITY:The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and U.S. territories), who, as of the date of entry, (a) are 18 years of age or older, and (b) have internet access and an active email account. Employees of Sponsor and its affiliates, subsidiaries, advertising agencies, promotion, fulfillment and other coordinating agencies, and the immediate family members and/or household members of any such persons or entities are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and void wherever prohibited or restricted by national, state, municipal, provincial or any other government laws, and is not offered in states where registration of this promotion is required.
- HOW TO ENTER:Enter the Sweepstakes for free online by accessing The Work Day to Work Out In Style Giveaway website(s) (http://www.ofmercer.com/pages/work-to-workout-500-giveaway or http://www.ofmercer.com/pages/february), entering your email address, first name, last name, zip code, and clicking “Enter To Win.” By providing your email address, you grant Sponsor(s) the right to send you promotional and/or marketing messages. You may opt out of receiving further Sponsor(s) promotional and/or marketing messages at any time by following the unsubscribe instructions in any email marketing message. Entrants are limited to one original Sweepstakes entry per person/email address. Entrants may not participate with multiple email addresses or under multiple identities, nor may entrants use any device or artifice to enter or to enter more than once during the Sweepstakes Entry Period or as multiple entrants. Any entrant who attempts to enter with multiple email addresses, under multiple identities or uses any other device or artifice to enter multiple times will be disqualified from participation in the Sweepstakes and all entries submitted by that entrant will be void. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to the email address by the internet service provider that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be requested to provide Sponsor with proof that he or she meets the eligibility requirements for the Sweepstakes and/or is the authorized account holder of the email address associated with a winning entry. Sponsor reserves the right to verify the eligibility of each entrant; if an entrant is found to be ineligible to enter the Sweepstakes their entry will be considered invalid. Online entries must be received by the end of the Sweepstakes Entry Period. Sponsor’s computer will be the official timekeeper of this Sweepstakes.
ALTERNATE METHOD OF ENTRY: To enter the Sweepstakes via U.S. mail without obligation, print your name, street address, city, state, ZIP code, email address and daytime phone number on an approximately 3” x 5” card, and mail it in an envelope with correct postage to:
Of Mercer Clothing, LLC
Attn: The Work Day to Work Out In Style Giveaway
500 Park Avenue
New York, NY 10022
All mail-based entries must be postmarked by the end of the Sweepstakes Entry Period and received by Sponsor no later than two business days following the end of the Sweepstakes Entry Period. Incomplete and/or postage-due entries are deemed null and void.
Potential prizewinners must meet all eligibility requirements and fully comply with these Official Rules.
- PRIZE AND PRIZE DRAWING; ODDS OF WINNING:All entrants into the Sweepstakes whose entries are received in accordance with and who meet the requirements of these Official Rules will receive one (1) entry into a random drawing to win a $250 gift card to both Of Mercer and Carbon 38 (the “Prize”). The winner of the Prize will be randomly selected by Sponsor on or about March 3, 2015 from among all eligible entries received and the random selection will be final and binding. Odds of winning a Prize depend on the number of eligible entries received.
The total approximate retail value of the Prize to be awarded is U.S. $500.
The winner of the Prize is required to comply with any and all applicable federal, state and local laws, rules and regulations related thereto and is solely responsible for any and all federal, state, and local taxes that apply to the receipt and use of any Prize. Sponsor reserves the right to substitute a prize of greater or equal value in the event the Prize or a portion of the Prize is unavailable for any reason. Prizes are non-assignable and non-transferable. No cash alternative or other substitution of prizes is permitted, except at the sole option of Sponsor. Sponsor will not replace any lost or stolen Prize. Prizes are awarded “as is" with no warranty or guarantee, either express or implied by Sponsor. All Prize details are at Sponsor’s sole discretion. The awarding of any Prize is contingent upon full compliance with these Official Rules.
- WINNER NOTIFICATION:The potential winner will be notified by email within five business days of selection and, except where prohibited by law, will be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification and provide any additional information that may be required by Sponsor. If a selected potential winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the Prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email account from which the entry was sent.
- GENERAL RULES:Sponsor(s), its affiliated companies and subsidiaries and their respective directors, officers, employees, sponsors and agents, including advertising and promotion agencies, assigns, and any other organizations related to the Sweepstakes (together, the “Released Parties”) are not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise, (ii) theft, destruction, unauthorized access to or alterations of entry materials, or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
By participating in the Sweepstakes, entrants agree to waive, release, indemnify, defend and hold harmless each of the Released Parties and Facebook, Inc. from and against, any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a prize or parts thereof, participation in the Sweepstakes, or in any prize-related activity, including, without limitation, any (i) condition caused by events beyond Sponsor’s control that may cause the Sweepstakes to be disrupted or corrupted, (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes, (iii) printing or typographical errors in any materials associated with the Sweepstakes, or (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in the Sweepstakes or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes.
IN NO EVENT WILL SPONSOR BE LIABLE TO ENTRANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- ADDITIONAL CONDITIONS:Except where prohibited, by accepting any prize, each winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsors’ newsletters, Sponsors’ homepages at www.ofmercer.com (the “Of Mercer homepage”) and www.carbon38.com (the “Carbon38 homepage”) , Sponsors’ Facebook page at www.facebook.com/ofmercer (the “Of Mercer Facebook page”) and https://www.facebook.com/Carbon38 (the “Carbon38 Facebook page) and other Sponsor social media platforms, without additional compensation. Winners also agree to participate in promotional activities related to the Sweepstakes upon Sponsors’ reasonable request. All entries become property of Sponsor(s) and none will be acknowledged or returned.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes is compromised, without liability to entrants. Sponsor reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or the Of Mercer homepage, the Of Mercer Facebook page, or any Of Mercer social media platform, (ii) violates these Official Rules, or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Sweepstakes is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Sweepstakes is void where prohibited or restricted by law. By participating in the Sweepstakes, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Sweepstakes. These Official Rules are governed by the law of the State of New York, excluding rules governing choice of laws.
- LAWSUITS:Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Official Rules must be brought in the state or federal courts located in New York, NY.
- WINNERS LIST:A winner list may be obtained by sending a stamped, self-addressed envelope marked " The Work Day to Work Out In Style Giveaway” to Of Mercer Clothing, LLC, 500 Park Avenue, New York, NY 10022.
- SPONSOR(S):The Sponsor(s) of the Sweepstakes are Of Mercer Clothing, LLC, 500 Park Avenue, New York, NY 10022 and Carbon 38, 8075 W. 3rd St. Los Angeles, CA 90048.
- DISCLAIMER:The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. By participating in the Sweepstakes, you acknowledge and agree that you are providing your entry information to Sponsor, and not to Facebook, Inc.