ONLY GOLD TREASURE HUNT SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The Only Gold Treasure Hunt Sweepstakes (the "Sweepstakes") is sponsored by iVillage Inc. ("Sponsor"), 75 Rockefeller Plaza, 6th Floor, New York, NY 10019.
1. ELIGIBILITY: Open only to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older at time of entry. Employees of Sponsor, and its parents, affiliates, subsidiaries, and advertising and promotion agencies, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate in or win the Sweepstakes. Void where prohibited by law. All applicable federal, state and local laws apply.
2. HOW TO ENTER: Beginning 12:01am Eastern Time ("ET") on November 25, 2008 through 11:59pm ET on December 24, 2008 (the "Sweepstakes Period"), log on to www.ivillage.com/jcpgold, click on the Sweepstakes banner, or click on the gold bar found on the site, and follow the on-screen entry instructions to enter. After entering, you may follow the provided instructions to answer a multiple-choice question to gain an additional entry for that day. Answer to multiple-choice question will not affect your chances of getting an additional entry or winning the Sweepstakes. Entries must be received between 9:00am ET and 11:59pm ET on each day (the "Daily Entry Period") of the Sweepstakes Period in order to be eligible for the Daily Drawing (as defined below). Limit two (2) entries per unique email address or person or household per day. Multiple entries received from any unique email address or person for any day after the second entry received for that day will be void. Entries generated by script, macro or other automated means are void. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsor and will not be acknowledged.
3. RANDOM DRAWING/WINNER NOTIFICATION: Beginning on or about November 26, 2008 and ending on or about December 25, 2008, potential winners (see below) will be selected in daily random drawings (each, a "Daily Drawing") from among all eligible entries received during the Daily Entry Period for the previous day by employees or representatives of Sponsor, whose decisions are final and binding with respect to all matters related to the Sweepstakes. Odds of winning will depend upon the number of eligible entries received. Sponsor will make two (2) attempts to contact potential winners at the phone number or e-mail address provided at the time of entry. If Sponsor is unable to reach a potential winner via phone or email after two (2) attempts, he/she may be disqualified and an alternate may be selected at Sponsor's sole discretion. Potential winners may be required to complete, sign, have notarized and return an Affidavit of Eligibility and Liability Release ("Affidavit and Release") and Publicity Release (where legal) within seven (7) days of the date they are sent by Sponsor to potential winner. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsor's discretion, and time permitting, an alternate potential winner may be randomly selected.
4. PRIZES:Thirty (30) daily prizes will be awarded. Each daily winner on days 1-4, 6-7, 9-13, 15-20, 22-24, 26-30 of the Sweepstakes Period will be awarded a $500 JC Penney Gift Certificate (Approximate Retail Value ("ARV") $500 each). Each daily winner on days 5, 8, 14, 21, and 25 of the Sweepstakes Period will be awarded a $1,000 JC Penney Gift Certificate (ARV $1,000 each). Approximate Retail Value of all Prizes is $17,500. Gift certificates are subject to certain restrictions, terms and conditions as specified by issuer.
Each winner is solely responsible for all expenses and costs associated with acceptance and/or use of any prize not specifically stated herein as being awarded including, without limitation, any and all federal, state and local taxes. Sponsor will furnish an IRS 1099 form to each winner of a prize with an ARV above $600, for the ARV of the prize for the tax year in which such prize was won. If winner cannot accept prize (or any portion thereof) as stated, prize will be forfeited and at Sponsor's discretion, an alternate winner may be selected. In the event that any prize or prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsor's prize obligation to winner and no additional compensation will be awarded. No cash or other substitution, assignment or transfer of prize is permitted except that Sponsor, in its sole discretion, reserves the right to substitute any prize (or any component thereof) with another of comparable or greater value. All prize details are at the sole discretion of the Sponsor.
5. GENERAL RULES: Acceptance of prize constitutes permission to the Sponsor and its designees to use winner's name, city, state, likeness, voice, biographical information and statements 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 or permission, unless prohibited by law. By entering, entrant for entrant and for entrant's heirs, executors, and administrations (i) agrees to release and hold Sponsor, NBC Universal, Inc., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability of any kind (including, without limitation, personal injury, death, and/or property damage) arising in whole or in part, directly or indirectly, out of participation in the Sweepstakes or the acceptance, receipt, possession, misuse, nonuse or use of any prize (or portion thereof or any travel or activity related thereto); (ii) waives all rights to claim direct, indirect, punitive, incidental and consequential damages, attorney' fees or any damages other than actual out-of-pocket costs incurred to enter; (iii) agrees to be bound by these Official Rules and the decisions of the Sponsor and their representatives which are final and binding on all matters relating to the Sweepstakes; and (iv) agrees to waive any right to claim any ambiguity or error in these Official Rules or the Sweepstakes itself.
Released Parties are not responsible for incomplete, lost, late, stolen, damaged, inaccurate, illegible, misdirected, garbled, inaccurate, delayed or undelivered entries; or for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Sweepstakes, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement, delivery or use of any prize or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the 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 entrant to the fullest extent permitted by law, including criminal prosecution.
If for any reason this Sweepstakes (or any portion thereof, including any prize element) is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules), Sponsor reserves the right to postpone, cancel, or modify the Sweepstakes (or any element thereof, including, without limitation, these Official Rules) in any manner and for any reason without notice, in its sole discretion. Sponsor also reserves the right in its sole discretion, to cancel, suspend or modify the Sweepstakes, or to disqualify any implicated entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to pick winner(s) in a random drawing from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable.
In the event a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, labor dispute, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
6. WINNER'S NAMES: For the name of the winners, available after January 24, 2009, send a self-addressed, stamped envelope to: Only Gold Treasure Hunt Sweepstakes Winners, 75 Rockefeller Plaza, 6th Floor, New York, NY 10019, to be received by March 24, 2009.
7. NO WARRANTIES: Sponsor makes no warranties covering any of the prizes furnished as part of this Sweepstakes.
8. GOVERNING LAW:All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor, or the Released Parties in connection with the 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 or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Sweepstakes, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services ("JAMS") in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("the JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. 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. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.
8. PRIVACY: Sponsor will share each winner's name and contact information in order to contact each winner for the purpose of fulfillment of prizes. Sponsor will share information supplied by non-winning entrants in accordance with its privacy policy which is posted at http://www.ivillage.com/about/0,,qqzh,00.html.