James Allen "Honeymoon Sweepstakes"
Official Rules
GENERAL RULES: is no purchase necessary to enter or win. A purchase will not increase your chances of winning. Internet access is required in order to enter the James Allen Honeymoon Sweepstakes. Sweepstakes is offered only in the United States. Void where prohibited or restricted by law. The James Allen Honeymoon Sweepstakes ("Sweepstakes") begins at 12:00:01 a.m. Eastern Standard Time (EST) on Monday, March 3rd 2008 and ends at 11:59:59 a.m. EST on Saturday, February 28th 2009 ("Sweepstakes Period"). Sweepstakes is sponsored by JamesAllen.com, 6 E. 45th Street, New York, NY 10017 ("Sponsor").
ELIGIBILITY: Sweepstakes is open to any natural person who is at least 18 years of age and who is a legal resident of one of the fifty United States or of the District of Columbia. Employees, consultants, suppliers, officers and directors of Sponsor, its parent companies, affiliates, subsidiaries, advertising or promotion or fulfillment agencies, legal advisors, immediate family members, and persons living in the same household of such persons are not eligible. Additional restrictions may apply. Limit one entry per person and one entry per email address.
ENTRY: Access www.jamesallen.com during the Sweepstakes Period and follow the online instructions to register by completing and submitting the entry form in order to enter the Sweepstakes. Website entries must be received by 11:59:59 a.m. Eastern Standard Time Saturday February 28th 2009 and recorded by Sponsor's technical division. Only an email address subscribed and registered in your name can be used to enter. In the event of a dispute as to the use of the same email account by multiple persons, the entry will be considered submitted by the authorized subscriber of the email account, as assigned by the email provider, and used at the actual time of entry. If more than one natural person qualifies under this description, the person who actually used such email account to enter this Sweepstakes will be deemed to have made the entry. Automatic entries, whether generated by script, macro, robot, program, or otherwise, are prohibited and will be disqualified from the Sweepstakes. An eligible natural person receives one automatic entry into the Sweepstakes when he/she submits all information requested. The email address submitted must be valid at least from 12:00:01 a.m. Eastern Time on Monday, March 3rd 2008 through Saturday, February 28th 2009. All entries become Sponsor's property.
PRIZE: One winner will win one (1) honeymoon for two at the all-inclusive Iberostar Grand Hotel Paraiso in Riva Maya, Mexico - approximately valued between US$3,000 and US$4,000. The actual or approximate value may differ at the time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution is permitted except at the discretion of the Sponsor. Sponsor reserves the right at its discretion to provide winner with a different similarly-valued prize in the event that the aforementioned Iberostar Grand Hotel Paraiso honeymoon package is impossible or impractical. The prize is nontransferable. Any and all additional expenses, including without limitation airfare, transportation costs and any and all federal, state, and/or local taxes, related to the prize shall be the sole responsibility of the winner.
SELECTION OF WINNER: A random drawing from all eligible entries received, to be held on or about Monday, March 2nd 2009, will determine the Sweepstakes winner. The odds of winning depend on the number of eligible entries received. The impending winner will be notified by the email address that was provided at entry within fifteen (15) days of the drawing. Sponsor is not responsible for and shall not be liable for delayed, misplaced, misdirected, or unsuccessful efforts to notify the impending winner. The impending winner will be required to sign and return an affidavit of eligibility, liability release, and where lawful, a publicity consent and release agreement, all within ten (10) days of notification or attempted notification. If the winner is at least 18 years of age, but has not attained the age of majority in his/her state of residence, the prize will be awarded in the name of the winner's parent or legal guardian. By accepting or using the prize, winner consents to the use of his or her name, voice and/or likeness for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law and upon request will provide such consent in writing. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within fifteen (15) days from the time award notification was sent, or fails to timely return a complete and signed declaration and releases as required, the prize may be forfeited and an alternate winner may be selected.
Winner's receipt of the offered prize is conditioned upon compliance with any and all applicable laws and regulations. Any violation of these official rules by any winner, at Sponsor's sole discretion, will result in the winner's disqualification of the Sweepstakes and all privileges as winner will be immediately terminated, prospectively and retroactively, and deemed null and void.
ADDITIONAL TERMS AND CONDITIONS: By entering, each participant agrees (a) to be bound by these Official Rules and the determinations of Sponsor, which shall be final, and (b) that Sponsor, and its agents, representatives, parent, affiliates, subsidiaries, officers, directors, employees, consultants, legal advisors and advertising agencies, are not responsible for and shall not be liable for:
(1) lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, postage-due entries, mail, or email;
(2) telephone, electronic, computer program, network, or Internet failures or difficulties of any kind;
(3) failed, incomplete, garbled, or delayed computer transmissions;
(4) any condition resulting from events beyond Sponsor's control causing the Sweepstakes to be disrupted or corrupted;
(5) any injuries, losses, or damages of any kind arising related to or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy; or
(6) any typographical errors in any materials associated with the Sweepstakes.
Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel Sweepstakes at any time if the Sweepstakes is incapable of occurring as planned, including, but without limitation, due to computer viruses or other technical problems which jeopardize the oversight, security, or legitimacy of the Sweepstakes. At its sole discretion, Sponsor reserves the right to disqualify any individual or entity it deems to be attempting to defraud or tamper with the Sweepstakes in any way.
DISPUTE RESOLUTION: The Sweepstakes is governed by United States and New York State laws, without regard to conflict of law doctrine principles. As a condition of participating in this Sweepstakes, participant 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 court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including without limitation attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs directly associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased and collection of damages so awarded.
OFFICIAL RULES AND WINNER'S NAME: To obtain a copy of the name of the Sweepstakes winner name or of these Official Rules, mail your request along with a stamped, self-addressed envelope to: James Allen Honeymoon Sweepstakes - Request for Official Rules/Winner's Name, 6 E. 45th Street, New York, NY 10017. All requests must be received no later than Monday, March 16th, 2009.
PRIVACY: All information collected from Sweepstakes participants is subject to James Allen's Privacy Policy.
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