GIVEAWAY A DAY OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A purchase will not improve chances of winning.
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY.
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
This Promotion consists of thirty-two (32) individual daily entry periods, and one (1) grand prize drawing (the “Promotion”).
1. PROMOTION PERIOD. Promotion begins at 12:01 AM Eastern Time (“ET”) on February 7, 2012, and ends at 11:59 PM ET on March 9, 2012. Each daily entry period begins at 12:01 AM Eastern Time (“ET”) and ends at 11:59 PM ET from February 7, 2012 to March 9, 2012, excluding weekends and holidays (“Promotion Period”).
2. ELIGIBILITY. This sweepstakes (the “Promotion”) is only open to legal residents of the 50 United States and District of Columbia who are at least 18 years old as of the date of entry, except officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse) of, and persons residing in the same household as, such individuals. This promotion is void outside of the United States and the District of Columbia, and where prohibited.
4. WINNER SELECTION AND NOTIFICATION. One (1) potential winner from each of the thirty-two (32) daily entry periods, and one (1) potential winner from the grand prize pool will be selected by random drawing from all eligible entries on or about April 15, 2012 (the “Drawing Date”). Any potential winner will be notified by mail, e-mail, and/or telephone. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release as specified in Rule 9; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the “winner” of the Promotion.
PRIZE DESCRIPTION. There will be one hundred ninety-five (195) winners, and one (1) grand prize winner. The prizes are as follows: February 7, 2012: one (1) winner will receive one (1) pair of Andrea Fohrman White Sapphire Earrings from Twist (ARV $2,800). February 8, 2012: fifty (50) winners will receive one (1) set of Claus Porto Yellow Gift Box of 5 Hand Soap Bars (ARV $55). February 9, 2012: one (1) winner will receive one (1) Zinc Door Shopping Spree Redeemable only at zincdoor.com (ARV $1,000). Restrictions may apply including expiration date. February 10, 2012: three (3) winners will receive one (1) pair of Loeffler Randall Dita Platform Pumps (ARV $425). Sizes may vary. February 11, 2012: thirty-six (36) winners will receive one (1) Phillip B 12 Oz. Russian Amber Shampoo (ARV $140). February 12, 2012: one (1) winner will receive one (1) Tivoli Audio Model 10 Dual Alarm Clock Radio in Cherry (ARV $199.99). February 13, 2012: one (1) winner will receive one (1) 3.1 Phillip Lim Black Pashli Camera Bag (ARV $425). February 14, 2012: one (1) winner will receive one (1) Marc Jacobs Tank Daisy Dress in Mauve Multi (ARV $895). February 15, 2012: ten (10) winners will receive one (1) Parisian Chic: A Style Guide Book (ARV $29.95). February 16, 2012: ten (10) winners will receive one (1) Tom Ford Violet Blonde Fragrance (ARV $100). February 17, 2012: one (1) winner will receive one (1) Design Within Reach Nelson Sunburst Clock (ARV $385). February 18, 2012: ten (10) winners will receive one (1) pair of Ray-Ban sunglasses (ARV $109.95). February 19, 2012: two (2) winners will receive one (1) Thomas Paul Botanical Linen Pillow (ARV $115). February 20, 2012: one (1) winner will receive ten (10) Dior Crème de Rose Lip Balms (ARV $260). February 21, 2012: ten (10) winners will receive one (1) Elizabeth and James Sterling Silver/Yellow Gold Plated Thorn Pendant with White Sapphire Stones (ARV $275). February 22, 2012: one (1) winner will receive one (1) Inhabit Pink Cashmere Sweater (ARV $325). February 23, 2012: one (1) winner will receive one (1) Anya Hindmarch Valorie Glitter Clutch from Matchesfashion.com (ARV $456). February 24, 2012: five (5) winners will receive one (1) Krups XP5280 Precise Tamp Espresso Machine (ARV $299.99). February 25, 2012: one (1) winner will receive one (1) Yasuko Azuma 18K Yellow Gold, White Rose Cut Diamond Ring (ARV $2,400). February 26, 2012: four (4) winners will receive one (1) 26-Piece Prize Pack (ARV $630.50) with each of the following: thirteen (13) Korres Guava Body Butter (ARV $377) and thirteen (13) Korres Guava Shower Gel (ARV $253.50). February 27, 2012: twelve (12) winners will receive one (1) Chan Luu Paisley Scarf (ARV $245). February 28, 2012: one (1) winner will receive one (10) 1800-Flowers.com Exotic Island Orchids (ARV $649.99). February 29, 2012: two (2) winners will receive one (1) Sportmax Dahlia Bag (ARV $1,190). March 1, 2012: one (1) winner will receive one (1) Iosselliani Mini-Stud White Rhinestone Chains Necklace from AlleyCat Trade (ARV $826). March 2, 2012: five (5) winners will receive one (1) 10-Piece Prize Pack (ARV $503) with each of the following: one (1) Lancome Flash Bronzer Leg (ARV $34.50), one (1) Lancome Doll Lash (ARV $25), one (1) Lancome Visionnaire (ARV $84), one (1) Lancome Tresor Midnight Rose 1.7 oz (ARV $56), one (1) Lancome Genifque Repair (ARV $95), one (1) Lancome Rema (ARV $75), one (1) Lancome Star Bronzer (ARV $35), one (1) Lancome Le Crayon Khol (ARV $24.50), one (1) Lancome Bi Facil (ARV $26), one (1) Lancome Color Design 5 Pan-Taupe Craze (ARV $48). March 3, 2012: one (1) winner will receive one (1) The Loaded Trunk Shopping Spree redeemable only at theloadedtrunk.com (ARV $500). Restrictions may apply including expiration date. March 4, 2012: three (3) winners will receive (1) Sony Tablet (ARV $499.99). March 5, 2012: twelve (12) winners will receive one (1) L’Artisan Parfumeur La Chasse aux Papillons 100ml Eau de Toilette (ARV $145). March 6, 2012: one (1) winner will receive one (1) Rebecca Minkoff clutch (ARV $195). March 7, 2012: one (1) winner will receive one (1) pair of Repetto BB Flats in Vontage Silk Mayo from Diani, Inc. (ARV $245). Sizes may vary. March 8, 2012: one (1) winner will receive one (1) pair of Hearts on Fire 1.00ctw Three Prong Studs (ARV $7,490). March 9, 2012: five (5) winners will receive one (1) Tria Beauty Hair Removal Laser (ARV $395). Grand Prize: two (2) airline tickets to Los Angeles, CA (ARV $1,000), two (2) nights for two persons in Los Angeles Hotel (one standard room double occupancy) (ARV $1,000), one (1) shopping spree to Madewell Century City store (ARV $3,000), two (2) airline tickets to Tokyo, Japan (ARV $2,500), three (3) nights in Tokyo hotel for two (2) persons in one (1) standard hotel room (double occupancy) (ARV $1,500), one (1) American Express Gift Card (ARV $2,000), with a total ARV of $11,000, depending on exact itinerary. Actual value may vary based on fluctuations in price for airfare and/or accommodations, and distance between departure and destination. Ground transportation, meals, in-room or other personal charges at lodging (e.g., mini-bar, movies), telephone calls, gratuities, incidentals, and all other expenses are not included. Winner and travel companion must be available to travel on the same itinerary. Trip must be booked by at least 21 days in advance, and within one year of winner notification, and may be subject to certain other restrictions, including without limitation blackout dates. Sponsor will attempt to accommodate winner's preferred itinerary, but all specifics thereof will be at Sponsor's sole discretion. If, in the sole judgment of Sponsor, air travel is not required due to winner’s proximity to prize location, ground transportation may be substituted for roundtrip air travel. Unless child of winner, travel companion must be 18 years of age or older as of the date of departure. With gift cards certain restrictions may apply, including expiration date.
6. TAXES. All federal, state, and/or local income and other taxes, if any, are the winner’s sole responsibility.
7. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
9. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), Hearts on Fire and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors, and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands, or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising, and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within ten (10) days from the date that Sponsor first tries to notify the potential winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release and, if applicable, must accompany winner on the trip (no additional travel expenses will be awarded should a parent or legal guardian be required to accompany the winner on the trip).
10. DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the website or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate, or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution, or production errors, and may modify or cancel this Promotion based upon such error at their sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental, and/or consequential damages.
12. WINNER LIST. For the list of winners, send a self-addressed stamped envelope, within six (6) months of the Drawing Date, to: Winner List, “Giveaway A Day Sweepstakes,” Lucky Magazine, 4 Times Square, New York, NY 10036.
13. SPONSORSHIP. This Promotion is sponsored by Condé Nast, 4 Times Square, New York, NY 10036, 1-800-Flowers.com, Inc., One Old Country Road, Suite 500, Carle Place, NY 11514, 3.1 Phillip Lim, 260 W. 39th St., 17th Floor, New York, NY 10018, AlleyCat Trade, 6432 Lindenhurst Ave., Los Angeles, CA 90048. Chan Luu, 1441 Broadway, Penthouse, New York, NY 10018, Design Within Reach, 711 Canal Street, 3rd Floor, Stamford, CT 06902, Diani, Inc., 1324 State St., Suite H, Santa Barbara, CA 93101, Elizabeth and James, 150 W. 22nd St., 5th Floor, New York, NY 10011, Hearts on Fire, 99 Summer Street, Boston, MA 02110, Inhabit, 1441 Broadway, Suite 31, New York, NY 10018, Korres, 199 Grandview Road, Skillman, NJ 08558, Krups Groupe SEB, 1 Boland Drive, Suite 101, West Orange, NJ 07052, LAFCO New York, 285 Lafayette St., New York, NY 10012, Lancome, 575 Fifth Ave., 32nd Floor, New York, NY 10017, Lendemain Distribution, 519 Broome St., Floor 3, New York, NY 10013, Loeffler Randall, Inc., 525 Broadway, 4th Fl., New York, NY 10012, Luxottica, 420 Fifth Ave, 18th Fl., New York, NY 10018, Madewell, 770 Broadway, 10th Fl., New York, NY 10003, Matchesfashion.com, 15a Welmar Mews, 154 Clapham Park Road, London SW4 7DD, Max Mara, 530 Seventh Ave, 21st Floor, New York, NY 10018, Phillip B Botanical Products Int’l, 2630 Townsgate Rd., Suite H, Westlake Village, CA 91361, Rebecca Minkoff, 33 W. 17th Street, 6th Fl, New York, NY 10011, Rizzoli New York, 300 Park Ave., South, 4th Fl., New York, NY 10010, Sony Electronics Inc., 16530 Via Esprillo MZ 1097, San Diego, CA 92127, The Loaded Trunk, 1604 Jefferson Street, Kansas City, Missouri 64108, Thomas Paul, 10 Jay Street, #507, Brooklyn, NY 11201, Tivoli Audio, 90 Fargo Street, Suite 900, Boston, MA 02210, Tom Ford Beauty, 767 Fifth Ave., New York, NY 10153, Tria Beauty, Inc., 41600 Dublin Blvd., Suite 200, Dublin, CA 94568, Twist, 30 NW 23rd Place, Portland, OR 97210, Yasuko Azuma, 242 Wythe Avenue, Studio 5, Brooklyn, NY 11211, Zinc Door, 145 N. Sierra Madre Blvd., #9, Pasedena, CA 91107, (individually and collectively, the “Sponsor”).