12 Days of Harriet Carter Giveaway OFFICIAL RULES
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1 12 Days of Harriet Carter Giveaway OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. You understand that you are providing your information to Harriet Carter Gifts, Inc. and not to Facebook. 1. SWEEPSTAKES DESCRIPTION: The 12 Days of Harriet Carter Giveaway (the Sweepstakes ) begins on Thursday, December 1, 2011 at 12:01 a.m. Eastern Time ( ET ) and ends on Monday, December 12, 2011 at 11:59 p.m. ET (the Sweepstakes Period ). There will be a total of twelve (12) drawings to award one (1) prize in each drawing. Once you have entered you will be eligible for all remaining drawings (if any remain). You must enter prior to 11:59 p.m. ET each day to be valid for that day's drawing. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Harriet Carter Gifts, Inc., 425 Stumps Road, North Wales, PA (the Sponsor ) and COHEN-FRIEDBERG ASSOCIATES, LLC Framingham, MA (the Administrator ), and Netplus Marketing, Inc., Conshohocken, PA (the "Sweepstakes Drawing Administrator") whose decisions shall be final and legally binding in all respects. 2. ELIGIBILITY This Sweepstakes is open to legal U.S. residents of the 50 United States and the District of Columbia and who are eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of Sponsor, Administrator, Sweepstakes Drawing Administrator, Sweepstakes prize suppliers, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their advertising and Sweepstakes agencies, and any and all other companies associated with the Sweepstakes agents (collectively, the Sweepstakes Entities ), and each of their immediate family members (as defined by the IRS) and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor. Sponsor s computer will be the official timekeeper for all matters related to this Sweepstakes. 3. HOW TO ENTER: During the Sweepstakes Period, you can enter the Sweepstakes through the Harriet Carter Gifts application on the Facebook Platform. To enter the Sweepstakes during the Sweepstakes Period; 1. Visit (the "Facebook Site") and either: a. Log into your Facebook account, or b. Create a free Facebook account if you do not already have one (Please note that you must agree to the Facebook Site s terms and conditions.); 2. Visit: The Harriet Carter Gifts Facebook page at Gifts/ ?ref=ts; and 3. Click on the Sweepstakes tab on the Harriet Carter Gifts Facebook page.
2 You can then enter the Sweepstakes through the application located in the Sweepstakes Tab. As a part of your Entry, entrant must complete the entry form with all required information which will include your full name, and address on the entry submission page, and agree to the Official Rules. Limit: One (1) entry per person per day. Each day's entry will carry forward to all remaining daily drawings (if any remain). Limit: One (1) daily prize per person or household over the Sweepstakes Period. information collected may be used for promotion marketing specifically and only as it relates to Harriet Carter Gifts. See privacy policy located at 4daa-99fc-cf3be2f16786/. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. The Facebook server will be the official timekeeper for all matters related to this Sweepstakes. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the address used to enter will be deemed to be the entrant. Authorized account holder is defined as the person who is assigned to an address by an Internet Access Provider, online service provider or other organization that is responsible for assigning addresses for the domain associated with the submitted address. Entry constitutes permission (except where prohibited by law) to use entrant s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. 4. PRIZES/ODDS: Only the number of prizes listed below will be awarded in this Sweepstakes. Odds of winning depend on the number of eligible entries received. Daily Prizes: Drawing # - Prize Catalog # - Approximate Retail Value 1. Roll/Laugh Dog $ Solar Frogs $ Lady Bug Tent $ Giant Cookie Pan $ Canning Set/5P $ Windproof Umbrella $ Storage Wardrobe $ Mini Cupcake Maker $29.98
3 9. Money Match 2 (WebEx) $ Skinny Wallet $ Alarm Clock $ TV Classics DVD $29.98 Total approximate retail of all prizes: $ Prizes will be awarded only if the potential Prize Winner fully complies with these Official Rules. Prizes are non-assignable and non-transferable. No cash alternative or substitution will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Winner is responsible for all taxes associated with the prize. 5. WINNER SELECTION AND NOTIFICATION: There will be a total of twelve (12) drawings to award One (1) prize in each drawing. The first drawing to be conducted on 12/2/11 and the last to be conducted on 12/13/2011. Random drawings will be conducted by the Sweepstakes Drawing Administrator from all eligible entries received during each entry period. Conduct of the Sweepstakes is under the supervision of the Administrator. Potential prizewinners will be notified in person and/or by phone and/or by or mail or express mail, whichever is deemed appropriate by the Administrator, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. Any potential prizewinner must respond within (2) days of the first notification attempt. If, despite reasonable efforts, any potential prizewinner does not respond within (2) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prizewinner, will forfeit his or her prize and an alternate winner may be selected. If any potential prizewinner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prizewinner will be disqualified and an alternate prizewinner may be selected. 6. GENERAL PRIZE RESTRICTIONS/CONDITIONS: BY ENTERING, EACH ENTRANTS AGREES for entrant and for entrant s heirs, executors, and administrators (A) to release and hold harmless the Sweepstakes Entities, Facebook, Inc., and their respective officers, directors, and employees (collectively, Released Parties ) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant s participation in the or Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor s sole discretion. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED AS
4 IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. 7. PUBLICITY RELEASE: Acceptance of any Prize constitutes prizewinner's permission for the Sweepstakes Entities to use prizewinner's name, photograph, image, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes. 8. DISQUALIFICATION/FORCE MAJEURE: Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen, submissions or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor s control (each a Force Majeure event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 9. GOVERNING LAW/JURISDICTION: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF PENNSYLVANIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN
5 PENNSYLVANIA IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ( JAMS RULES ). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN PENNSYLVANIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE STATE OF PENNSYLVANIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. 10. WINNERS LIST/OFFICIAL RULES: To obtain the name of winners, send a self-addressed stamped envelope to: 12 Days of Harriet Carter Giveaway, PO Box 2274, Framingham, MA All such requests must be received by 12/28/ Harriet Carter Gifts, Inc. All Rights Reserved.
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