1. PROMOTION PERIOD
The Simon Pearce (the “Sweepstakes”) begins at 9:00 a.m. EST on designated start date and ends 11:59:59 a.m. EST on the designated end date (the “Promotion Period”). All entries must be received during the Promotion Period. The computer clock of the Sponsor is the official time-keeping device in the Promotion.
The Promotion is open only to legal residents of the 50 United States and the District of Columbia (excludes Guam, Puerto Rico and all other U.S. territories and possessions), who are 18 years of age or older at the time of Promotion registration. Employees, officers and directors of Simon Pearce (U.S.), Inc (the "Sponsor"), and Sponsor's parent, affiliates, subsidiaries, and advertising, contest, fulfillment and marketing agencies (all of such entities (including, but not limited to, the Sponsor) are collectively referred to herein as the, "Promotion Parties"), their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All applicable federal, state and local laws and regulations apply. In addition, anyone living in a state where the Sweepstakes is prohibited, taxed, or otherwise restricted under state and local laws, rules, or regulations is ineligible. Entrants who are residents of a state that prohibits unregistered contests or requires the contest sponsor to post a bond are ineligible. Simon Pearce (U.S.), Inc. expressly disclaims any responsibility or liability for any entrant who enters when it is illegal for them to do so. By entering this Sweepstakes, entrants agree to waive any additional rights granted in regard to contests by the state in which they are domiciled.
3. HOW TO ENTER THE SWEEPSTAKES
4. PRIZES, DRAWINGS & ODDS OF WINNING
A total of one (1) prize (the "Prize") will be selected in electronic, randomized drawings. The drawing for the Prize (described below) will be held at the designated time as outlined in the Promotion Period. The drawing will be from all eligible entries received each day throughout the Promotion Period. The drawing will be conducted by Sponsor, whose decisions are final and binding in all matters relating to this Promotion. Odds of winning depend on the number of eligible entries received.
One(1) Prize will be awarded for each Promotion. The Prize will consist of the following home good product (s) sold by Simon Pearce.
The Prize may include one or more of the following:
Prize may include multiple home good products.
Prize will be shipped via standard ground shipping to a physical address located within the 48 contiguous United States – winner will be responsible for full shipping charges if location is outside of the contiguous United States. Actual value of the Grand Prize are dependent on shipping costs. The winner and is not entitled to the monetary prize value. There will be no substitutions for the prize.
6. DRAWING AND AWARDING OF SWEEPSTAKES PRIZE
All timely entries will be collected and then the winning entry will be randomly selected using a third party – Woobox.com The winner will be announced on the date specified in contest and shall be notified that he/she may claim the prize by e-mail, telephone, or postal mail, based on the information provided in the entry form. If the winner does not claim the prize within five (5) business days of the first notification attempt, such person may be disqualified and an alternate selected in accordance with these rules. If you are chosen as the winner, Simon Pearce will coordinate shipping arrangements in accordance with these Rules. The winner will be required to sign an affidavit of eligibility and release of liability prior to being declared the winner. The winner shall be required to provide a social security number and photocopy of a valid driver’s license or other identification before receiving any prize. The prize must be claimed by the winner and is not transferable.
7. LEGAL CONSIDERATIONS
All entrants agree that submitting the entry form constitutes agreement to the terms and conditions of these Rules. By submitting an entry form, the entrant is representing and warranting to Simon Pearce (U.S.), Inc. that he/she is an eligible contestant.
8. INDEMNIFICATION AND DISCLAIMER
Each entrant agrees to indemnify, defend and hold harmless Simon Pearce (U.S.), Inc. and its affiliates, subsidiaries, officers, directors, representatives, agents, and employees from any and all liability whatsoever for any injuries, losses, or damages of any kind arising from or in connection with, either directly or indirectly: (1) the entrant’s breach of any representation or warranty contained herein, (2) acceptance, receipt, possession, use, and/or misuse of any prize awarded herein; (3) participation in the Sweepstakes. Simon Pearce (U.S.), Inc. is not responsible for incorrect or inaccurate entry of information including, but not limited to, technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, entry materials that have been tampered with, or entries that are illegible, late, lost, damaged, postage due, or misdirected.
9. AMENDMENTS; TERMINATION
Simon Pearce (U.S.), Inc. reserves the right to cancel, terminate, modify, or suspend this Sweepstakes for any reason, including but not limited to, fraud, technical failures, or any other causes beyond the control of Simon Pearce (U.S.), Inc. that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes.
10. GOVERNING LAW
This Sweepstakes shall be interpreted and governed by the laws of the State of Vermont and any applicable laws and regulations of the United States. The entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a state or federal court located in Chittenden County, Vermont having competent jurisdiction, which Court shall apply the laws of the State of Vermont without regard to any principles of conflicts of laws, and submission of said entry constitutes acceptance of such laws. The entrant further agrees that no claims, judgments or awards shall exceed the amount of the Sweepstakes prize and under no circumstances shall include attorney’s fees; nor shall any entrant be permitted to obtain awards for punitive, incidental, consequential, or other similar damages or have any damage awards multiplied or increased for any reason.
By participating in the Promotion, entrants and winner (and their parent(s)/legal guardian(s) if entrants/winner are minors) agree to release, discharge and hold harmless the Promotion Parties from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of any Prize (or activity related thereto). As a condition of entering the Promotion, entrants and winner (and their parent(s)/legal guardian(s) if entrant/winner is a minor) agree that (1) under no circumstances will entrant and/or winner (or their parent(s)/legal guardian(s) if entrant/winner is a minor) be permitted to obtain awards for, and entrant and/or winner (or their parent(s)/legal guardian(s) if entrant/winner is a minor) hereby waives all rights to claim punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all 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; and (3) in no event will any entrant and/or winner (or their parent(s)/legal guardian(s) if entrant/winner is a minor) be entitled to receive attorneys' fees. BY ENTERING THE PROMOTION, ENTRANTS AND/OR WINNER (AND THEIR PARENT(S)/LEGAL GUARDIAN(S) IF ENTRANT/WINNER IS A MINOR) AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS PROMOTION PARTIES AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES AS WELL AS THE SUCCESSORS, ASSIGNS AND LICENSEES OF EACH AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS AND REPRESENTATIVE OF EACH, FROM ANY AND ALL CLAIMS, EXPENSES, DAMAGES, (INCLUDING REASONABLE ATTORNEYS FEES), OR LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS (INCLUDING, BUT NOT LIMITED TO, DEATH), AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF; A BREACH OR ALLEGATION WHICH IF TRUE WOULD CONSTITUTE A BREACH OF ANY OF ENTRANT'S AND/OR WINNER'S (AND THEIR PARENT(S)/LEGAL GUARDIAN(S) IF ENTRANT/WINNER IS A MINOR) REPRESENTATIONS, WARRANTIES OR OBLIGATIONS HEREIN; OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZE(S), OR ANY PRIZE-RELATED ACTIVITY. ENTRANTS AND/OR WINNER (AND THEIR PARENT(S)/LEGAL GUARDIAN(S) IF ENTRANT/WINNER IS A MINOR) WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Promotion Parties are not responsible for printing or typographical errors in these Official Rules or in any Promotion-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel or modify the Promotion and award the Prize for the Promotion from among all eligible, non-suspect entries received (i) as of the date of termination or modification, as applicable, using the judging procedure outlined above and (ii) in a random drawing if for any reason this Promotion is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Promotion. Promotion Parties are not responsible or liable for any events which may cause errors and/or the Promotion to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, mobile equipment, software or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. Promotion Parties are not responsible for computer, mobile, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Promotion, the processing of entries, or in any other Promotion-related materials. The Promotion Parties may stop you from participating in this Promotion if you violate Official Rules or act, in Sponsor's sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other entrant, winner or the Sponsor; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than that listed in Rule #3.
ANY ACT OR ATTEMPT BY AN ENTRANT AND/OR WINNER (OR THEIR PARENT(S)/LEGAL GUARDIAN(S) IF ENTRANT/WINNER IS A MINOR) TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
CHOICE OF LAW AND JURISDICTION:
Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winner, shall be governed by, and construed in accordance with, the laws of the state of Vermont, without giving effect to any choice of law or conflict of law rules or provisions, which might otherwise cause the application of the laws of any jurisdiction other than the State of Vermont. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the State of Vermont. Entrants and/or winner (and their parent(s)/legal guardian(s) if entrant/winner is a minor) hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
Entrants are responsible for complying with these Official Rules. To receive the winner's list for a specific Promotion, send a self-addressed stamped envelope to: Simon Pearce (US INC) .com Giveaway Winner List Request, c/o Simon Pearce (US INC) 109 Park Road Windsor, Vermont. Please reference the dates of the Promotion Period and Prize with your request.
SPONSOR: Simon Pearce (US INC) 109 Park Road Windsor, Vermont