ST. JOHN KNITS, INC. SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCEPT RESIDENTS OF RHODE ISLAND) WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
1. Sponsor. The Sponsor of this 2016 Sweepstakes (the “Sweepstakes”) is St. John Knits, Inc., 17622 Armstrong Ave., Irvine, CA 92614, (949) 863-1171, email@example.com (“Sponsor”), whose decisions are final and binding as to all aspects of this Sweepstakes. Sponsor may promote and advertise this Sweepstakes using services provided by Facebook, Inc. (“Facebook”), Twitter, Inc. (“Twitter”), and Instagram, Inc. (“Instagram”); however, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. Any inquiries regarding this Sweepstakes are to be directed to Sponsor.
2. Binding Agreement. These Official Rules (“Rules”) constitute a legally binding agreement by and between Sponsor and entrant, and govern entry in the Sweepstakes (defined below). By participating, entrants fully and unconditionally agree to abide by these Rules. Failure to comply with these Rules will void a participant’s entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by Sponsor. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Sweepstakes or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
3. Eligibility. The Sweepstakes is open to persons who are legal residents of, and physically located within, the 50 United States or the District of Columbia (except for residents of Rhode Island who are excluded from participating), and are at least eighteen (18) years of age at the time of entry. A participant’s entry into the Sweepstakes will be deemed to be a representation that the entrant is 18 years of age or older. The Sweepstakes is void in Rhode Island, Puerto Rico, all other United States territories, outside the 50 United States, and where prohibited or restricted by law. Employees of Sponsor, Listrak and SelectNY, and their respective parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not), are not eligible to participate. The Sweepstakes is subject to all federal, state, and local laws and regulations.
4. Entry Period. The Sweepstakes begins at 12:00 a.m. Eastern Standard Time (“EST”) on July 21, 2016 and ends at 11:59 p.m. EST on August 21, 2016 (the “Entry Period”). Sponsor’s computer will be the official time-keeping device. Entries received after the Entry Period will not be eligible. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned.
5. How to Enter. An entry into the Sweepstakes may be made with no purchase necessary by visiting http://www.stjohnknits.com/sweepstakes during the Entry Period and accurately completing the online entry form in accordance with the instructions provided.
Entrants must include all data requested on the entry form for the entry to be valid. Incomplete entries as well as entries received before or after the Entry Period are void.
Note that by entering this Sweepstakes, you are agreeing to receive U.S. marketing email communications from Sponsor until you choose to unsubscribe. There is no cost or obligation associated with subscribing to the marketing email communications and you can opt-out of receiving marketing email communications from Sponsor at any time by clicking the unsubscribe link in the email message.
Bonus Sweepstakes Entry by Referring a Friend: You may earn an additional Sweepstakes entry as described below:
After you enter the Sweepstakes, you will be invited to submit the names and email addresses of up to five (5) friends who must be eligible to enter the Sweepstakes. Each person that you refer will receive an email notifying him or her about the Sweepstakes and he or she will have an equal opportunity to enter the Sweepstakes and earn a bonus entry by inviting friends. You may only refer persons with whom you have an existing relationship and who are legal residents of, and physically located within, the 50 United States or the District of Columbia (except for residents of Rhode Island) and are at least eighteen (18) years of age at the time of entry. The email addresses submitted must be valid. If you complete and submit the referral form in accordance with the rules above, you will automatically be given one (1) additional entry into the Sweepstakes.
Entries received in excess of the limits stated herein are void, and entrant may be disqualified in Sponsor’s sole discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process will be void and may disqualify any entrant who uses such means to enter from participating. If it is discovered or suspected that an entrant attempted to enter or receive entries using multiple email accounts or identities, all of that entrant’s entries will be declared null and void and that entrant will be ineligible to win the Prize.
Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
6. Winner Determination and Notification. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. On or about the next business day after the Entry Period, Sponsor will select the potential Sweepstakes winner in a random drawing from among from all eligible entries received during the Entry Period. The winner is considered a potential winner pending verification of eligibility and compliance with these Rules.
The potential winner will be contacted by email, mail, or phone within two weeks after the drawing. If the Sponsor is unable to contact any potential winner or if the potential winner fails to comply with these Rules or applicable law, the potential winner’s Prize is forfeited and an alternative winner will be selected.
The Prize will be awarded within approximately two weeks after the winner is verified by Sponsor and all “Winner Requirements” (detailed in section 8 below) have been met.
In the event of a dispute over the identity of the winner, entries will be deemed made by the authorized account holder of the email account submitted at the time of entry. The authorized account holder is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor will disqualify anyone suspected of entering by opening two separate accounts with different email addresses. The potential winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the winning online entry and that all eligibility requirements are met. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entrant is responsible for notifying Sponsor in writing if his or her email or other contact information has changed.
7. Prize (1). The winner will receive one (1) two thousand five hundred dollar ($2,500) gift card that can be used at any of Sponsor’s retail boutiques in the United States (the “Prize”). For a list of Sponsor’s retail boutiques please visit: http://www.stjohnknits.com/locations. The Prize cannot be redeemed online via Sponsor’s website or otherwise, at any outlet store location, at Sponsor’s boutique in Vancouver, BC, Canada, or at any non-Sponsor store location. The total ARV (Approximate Retail Value) in U.S. dollars of all prizes awarded in this Sweepstakes is $2,500.
The Prize will be awarded only if the potential winner fully complies with these Rules. No cash in lieu of a prize will be awarded. No transfer, assignment, exchange, refund or substitution of a prize (or portion of any prize) permitted unless Sponsor, in its sole discretion, determines otherwise. Gift cards are promotional in nature and are not paid for by the winner, nor does the winner own any right, title, or interest in them unless or until he or she redeems them under the terms set forth herein. The winner must protect the Prize and treat the gift card as he or she would treat any other valuable document. The Prize will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without the winner's permission. All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a prize becomes unavailable or cannot be awarded as described for any reason.
Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. All costs, including federal, state and local taxes, insurance, any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize, and other expenses not specifically identified as included in the Prize, are the sole responsibility of the winner. SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER SHALL TAKE THE PRIZE “AS IS” AND AT HIS OR HER OWN RISK.
Odds of winning depend on the number of eligible entries received. At Sponsor’s discretion, any unclaimed prize may not be awarded.
8. Winner Requirements. The potential winner must comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be required to execute and return a federal 1099 tax form, as well as an Affidavit of Eligibility, Liability/Publicity Release (the “Price Claim Documents”) within seven (7) calendar days following the date of attempted notification. If a selected winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the Price Claim Documents within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize. In the event a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only three (3) alternate winners will be selected, after which the Prize will remain un-awarded. Arrangements for delivery of the Prize will be made after winner validation.
Acceptance of any prize shall constitute and signify the winner’s agreement and consent that Sponsor may use the winner’s name, biographical information, city, state, photos and/or likeness, voice recording, video images and all related footage, and/or Prize information in connection with the Sweepstakes and for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, radio, the Word Wide Web and Internet (including Sponsor’s website and various social media platforms), without limitation and without further payment or consideration, except where prohibited by law.
9. Release and Limitations on Liability. By entering the Sweepstakes, entrants agree that Sponsor, Listrak, SelectNY, Facebook, Instagram and Twitter, and each of their respective affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, prize suppliers, participating retailers, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, and representatives (collectively, the “Released Parties”) are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible entries or for failure to receive entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an entrant’s ability to participate in the Sweepstakes; (ii) any injury or damage resulting from participation in the Sweepstakes and/or the use or misuse of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light); and (iii) any incorrect or inaccurate information, whether caused by entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any prize. Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such entries may, in Sponsor’s sole and absolute discretion, be disqualified. Released Parties will not be liable to winner or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control.
Participants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. Additional Rules. By participating in the Sweepstakes, each entrant agrees to: (i) be bound by these Rules, including all eligibility requirements and all decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes; (ii) waive any rights to claim ambiguity with respect to these Rules; (iii) waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) forever and irrevocably release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Rules or any Sweepstakes materials, (d) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any Force Majeure event, or as otherwise permitted in these Rules, (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Sweepstakes or any online service via the Internet due to hardware or software compatibility problems, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (m) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (n) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (o) the negligence or willful misconduct by entrant.
Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. Sponsor further reserves the right to disqualify any unauthorized entries. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Rules) without notice in any manner. In the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension, in its sole and absolute discretion. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Sponsor may prohibit an entrant from participating, winning, or accepting a prize (and void all associated entries) if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS SITE OR INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Disputes. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. Entrants hereby agree that any and all disputes, claims, causes of action at law or in equity, or controversies (“Claims”) arising out of or relating to this Sweepstakes, the meaning or interpretation of these Rules, exploitation or use of any material submitted in connection with the Sweepstakes, or any prize awarded, if not otherwise resolved through direct discussions, shall be resolved exclusively by binding arbitration before a single arbitrator pursuant to this provision and the procedures of JAMS, Inc. at its offices located in Orange County, California. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT. FURTHER, NEITHER PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, 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. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
13. Winner List. For the Winner List, send a stamped (VT residents omit postage), self-addressed envelope to: St. John Knits, Inc., Attn: Sweepstakes – Winner List Request, 17622 Armstrong Ave., Irvine, CA 92614. Requests must be received no later than October 21, 2016.
14. Severability. If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.
[End of Official Rules]