“OFF YOU GO!” KATE SPADE NEW YORK AND SHUTTERS SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
- ELIGIBILITY: The “OFF YOU GO!” KATE SPADE NEW YORK AND SHUTTERS SWEEPSTAKES (the “Sweepstakes”) is open only to individuals who are at least eighteen (18) years of age at the time of entry, who are legal residents of the United States of America (including the District of Columbia, but excluding Rhode Island) and who satisfy all other eligibility requirements contained herein or applicable by law. This Sweepstakes is void in Rhode Island and in all other jurisdictions, territories, possessions, and where otherwise prohibited by law. Officers, directors and employees of Kate Spade LLC and Shutters On The Beach LLC (the “Sponsor”), Extole, Inc. (the "Administrator"), and each of their respective parents, affiliates, subsidiaries, divisions, advertising and promotion agencies, and each of their immediate family members (a parent, spouse, sibling or child, regardless of where they reside) and/or those living in the same household of any of the above, whether or not related, are not eligible to participate in this Sweepstakes or to receive a prize.
- HOW TO ENTER: To enter, visit the third party application located at www.facebook.com/katespade or www.facebook.com/ShuttersontheBeach between 10:00 a.m. Pacific Standard Time (“PT”) on July 28, 2011 and 10:00 a.m. PT on August 19, 2011 (according to Administrator's time clock) (the “Sweepstakes Period”) and follow all instructions to fully and accurately complete the Sweepstakes entry form and be entered in the Sweepstakes. When the Facebook permissions box opens, you must click "yes" to allow the application to access the information described on the box. The entrants must complete and submit all required information (except for any information marked as “optional” information) to be eligible. Limit one (1) entry per person. Multiple entries are void. All information entered becomes the property of Sponsor and will not be acknowledged or returned. Entry information may be shared with Sponsor's promotional partners and to the extent required for prize fulfillment purposes. Sponsor will engage Administrator and may engage other third party application providers and vendors to administer certain aspects of the Sweepstakes, including, without limitation, the online collection of entry information. Proof of entering information on the Administrator's third party application is not considered proof of delivery to or receipt by Sponsor of such entry. Administrator and any other such third parties will provide your personally identifiable information to Sponsor, who except as set forth herein will use such information in accordance with its online privacy policy, available at www.katespade.com, and Administrator and any other such third parties may also use your information for their own independent purposes in accordance with their own independent privacy practices. Sponsor is not responsible for the storage or any use of your entry information by Administrator and any other such third parties. Entrants are providing information to Sponsor and Administrator and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
- WINNER SELECTION: After the Sweepstakes Period, Sponsor or its designee will conduct a random drawing using randomization methods selected by Sponsor, in its sole and absolute discretion, and select one (1) potential Grand Prize winner from all eligible entries received during the Sweepstakes Period. All decisions of Sponsor on all matters relating to this Sweepstakes, including, without limitation, related its selection and determination of winners of this Sweepstakes shall be final and binding. Odds of winning a prize depends on the number of eligible entries received. The potential winners will be notified by phone, e-mail or otherwise as Sponsor may determine using the contact information provided at the time of entry. The potential winner and his or her travel companion will be required to sign and return an affidavit and/or other related documents, each in the form provided by Sponsor. If a potential winner is not able to be contacted by Sponsor within seven (7) days following the date notice or attempted notice is sent, declines, fails to return any required documents, does not complete the verification process within ten (10) days, or is otherwise not in compliance herewith, the prize may, in Sponsor’s sole and absolute discretion, be forfeited and/or awarded to an alternate winner.
- PRIZE: Grand Prize: Subject to verification of eligibility and compliance with these Official Rules, one (1) Grand Prize winner will receive one (1) trip for the Grand Prize winner and up to one (1) travel companion to SHUTTERS ON THE BEACH, SANTA MONICA, which includes (i) round-trip coach airfare for the Grand Prize winner and his or her travel companion between the major airport that is nearest to the winner’s residence and LOS ANGELES (or nearby airports); (ii) THREE (3) nights’ hotel accommodations for the Grand Prize winner and his or her travel companion (one (1) room, double occupancy) at a hotel to be selected by Sponsor in its sole discretion; (iii) dinner for two (2) at the ONE PICO dinner is a three course dinner for two with two glasses of house wine (must be 21 years old have with valid ID to redeem wine). Gratuity and tax for dinner not included.; (iv) two (2) one hour massages, tax and gratuity included at ONE SPA; (v) one (1) Kate Spade Lawn Party Half Circle bag; (vi) one (1) pair of Kate Spade Franca sunglasses; (vii) one (1) Kate Spade Flutter Floral Scarf (details of which to be decided by Sponsor in its sole discretion) (Approximate Retail Value (“ARV”); of the Grand Prize: $4,350).
First Prize: Subject to verification of eligibility and compliance with these Official Rules, one (1) First Prize winner will receive one (1) Kate Spade Lawn Party Half Circle bag, one (1) pair of Kate Spade Franca sunglasses, one (1) Kate Spade Flutter Floral Scarf (details of which to be decided by Sponsor in its sole discretion) (ARV of the First Prize: $360).
- PRIZE CONDITIONS: In the event the Grand Prize winner’s residence is close enough to SANTA MONICA, CALIFORNIA, such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and his or her travel companion must travel together on the same itinerary and must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. The dates of departure and return are subject to change at Sponsor’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Sweepstakes begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. A deposit or payment in advance, or presentation of a credit card by the winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions. In the event the Grand Prize winner and/or his or her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her travel companion home with no further compensation. All costs and expenses associated with the acceptance and/or use of a prize to the extent not expressly stated herein as being awarded, including without limitation all federal, state and local taxes, are the sole responsibility of the winner. Each Prize is non-transferable and no substitutions or cash equivalents are allowed, except in the sole discretion of Sponsor. SUCH PRIZES ARE PROVIDED “AS 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.
- GENERAL RELEASE/FORCE MAJEURE: By entering this Sweepstakes, each entrant agrees to be bound by all terms of these Official Rules. By entering this Sweepstakes, each entrant releases, holds harmless, covenants not to sue, and forever discharges Sponsor, Administrator, Facebook, and each of their respective parent companies, affiliates and subsidiaries, retailers, divisions, advertising and promotion agencies, and all others associated with the development and execution of this Sweepstakes, and each of their respective directors, officers, employees, agents, shareholders, representatives, successors and assigns (all such individuals and entities collectively referred to herein as, the “Released Parties”), from, against, and as to any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Sweepstakes including without limitation, in connection with (i) the administration of the Sweepstakes, including without limitation typographical, printing, seeding, human or other errors relating to or in connection with this Sweepstakes, the processing of entries, the announcement of any prizes or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, damaged or postage due entries or mail, or any delays in delivery or lack of availability of any prize or prize materials, and/or (ii) entrant’s participation in this Sweepstakes or acceptance or use of any prize, or participation in any prize-related activities, including but not limited to any travel related thereto, and death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity. By entering this Sweepstakes, each entrant agrees that Sponsor, and its respective designees may use entrant’s name, photograph, likeness, address, biographical information, prize information and/or statements about this Sweepstakes for advertising and/or publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without compensation, notification, or permission, unless otherwise prohibited by law. No more than the stated number of prizes will be awarded. Sponsor reserve its right, at its sole discretion, to disqualify any individual who tampers in any way with the any part of the Sweepstakes and/or who submits a fraudulent entry or an entry not otherwise in accordance with these Official Rules, and to cancel, terminate, modify or suspend the Sweepstakes or any element thereof. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be acting in violation of these Official Rules; in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes; or with the intent to annoy, abuse, threaten or harass any other person. Without limiting the foregoing, in the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, epidemic or other national health emergency, 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, order of any court or jurisdiction, public health crisis, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes.
- MISCELLANEOUS: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or any rights and obligations of the entrants and Sponsor relating to this Sweepstakes, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules that would cause the application of any other state's laws. By entering this Sweepstakes, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by a court having competent jurisdiction located in Manhattan, New York. Without limiting the scope of any legal release provided herein, except while prohibited, under no circumstance shall any entrant be permitted to seek or obtain and, by entering this Sweepstakes, each entrant waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. ANY ATTEMPT BY AN INDIVIDUAL TO UNDERMINE THE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- WINNER LIST: For any legally required winner’s list, send a self-addressed stamped envelope (unless otherwise prohibited by local law) after November 11, 2011 to: Kate Spade Marketing Department, Attn: Cecilia Liu, 48 West 25th Street, 5th Floor, New York, NY 10010. Requests received after February 11, 2012 will not be fulfilled.
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