JANE SMILEY CHILDREN’S BOOK GIVEAWAY
OFFICIAL RULES
August 16, 2010 – September 17, 2010
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. Win it! Jane Smiley Children’s Book Giveaway (“Sweepstakes”) will begin on August 16, 2010 at 12 P.M. ET and end on September 17, 2010, at 6 P.M. (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries (as defined below) received during each Daily Entry Period (as defined below). Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the fifty (50) continental United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities shall include iVillage, Inc., 75 9th Avenue, Floor 7, New York City, NY 10011 (“Sponsor”), and their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
TO ENTER: The Sweepstakes consists of two (2) weekly drawings (each a “Weekly Drawing”) conducted over one (5) weeks during the Sweepstakes Period. Each Weekly Drawing will consist of: (i) a promotion period (a “Weekly Entry Period”) that will begin at 12 P.M. ET on each weekday comprising the Sweepstakes Period (each a “Weekly Period Start Date”) and will end at 6 P.M. ET (each a “Weekly Period End Date”) as detailed in the chart below. One (1) weekly winner (“Weekly Winner”) will be selected in each of the five (5) Weekly Prize Drawings from all eligible entries from each Weekly Entry Period for a total of five (5) Weekly Winners throughout the entire Sweepstakes Period. Entries for each Weekly Drawing must be received by the “Weekly Entry Period End Date” for that particular Weekly Drawing as specified in the chart below. Entries for the last Weekly Drawing (Weekly Drawing 5) must be received by 6 P.M. ET on September 17, 2010. Limit of one (1) entry per person per day? regardless of method of entry, for a total of no more than five (5) entries per week. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries generated by script, macro or other automated means are void.
To enter the Sweepstakes, during the Sweepstakes Period visit www.familygoesstrong.com, (the “Website”) and click “Join Us” on the top of the page, and follow the provided instructions to create and thereafter submit a Family Goes Strong Account, which includes your name, address, telephone number, email address, and date of birth. Also as a part of your entry, you must comment on an article by Jane Smiley located at http://www.familygoesstrong.com/jane-smiley-0. The comment section can be found at the bottom of any article. You comment on an article by typing in the “comments” field, then by clicking “submit comment,” after which it appears on the site at the bottom of the article. Any comment you make on any article will not affect your chances of winning this Sweepstakes.
Your comment to the article must be original (that is, written by you). You must have the permission of any person that you identify or otherwise refer to in your comment, so long as that person’s name or picture does not appear in the article. By entering the Sweepstakes, entrants grant Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the comment and to incorporate the comment in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the comment will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any comment contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any comments do not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such comments (and the related entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the comments.
Alternate Method of Entry: To enter the Sweepstakes Weekly Prize Drawings without creating a Family Goes Strong Account and commenting on an article, email your entry, consisting of your name, email address, telephone number, zip code, gender, and date of birth, to editor@familygoesstrong.com
Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over 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. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice 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, permission, or approval.
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Weekly Entry Period |
Weekly Period Start Date/Time |
Weekly Period End Date/Time |
Weekly Drawing Date |
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Weekly Entry Periods 1-5 |
12 P.M.ET from August, 16, 2010 through September 17, 2010 on every weekday. |
6 P.M. ET from August, 16, 2010 through September 17, 2010 on every weekday. |
12 P.M. ET at the Next Day. |
PRIVACY: Entrants will have the opportunity to receive information from Sponsor and selected partners by checking the appropriate boxes. If, at any time, you no longer wish to receive materials from Sponsor or our partners, please go to Sponsor’s partner’s privacy policy, located at http://www.ivillage.com/about/0,,qqzh,00.html and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION:
Ten (10) potential Weekly Winners (“Winners”) will be selected in random drawings. The Winners will be selected on or about the “Weekly Drawing Date” as specified in the chart above from among all eligible entries received during that Weekly Entry Period by employees or representatives of Sponsor, whose decisions are final and binding with respect to all matters related to the Sweepstakes. Sponsor will make two (2) attempts to notify potential Winners at the phone number and/or email address submitted at the time of entry. Potential Winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsor’ sole discretion an alternate potential Winners may be selected from the remaining eligible entries as applicable. If a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, such potential Winners will be disqualified and time permitting, at Sponsor’s sole discretion, an alternate potential Winner may be selected in a random drawing from the remaining eligible entries. Non-winning entries from one Daily Prize Drawing will not be rolled over into the next Daily Prize Drawing. Limit one (1) Daily Prize per family or household.
PRIZE: There will be ten (10) Weekly Prizes awarded (“Prizes”). The Prizes will consist of: 1) The Georges and the Jewels Children’s book by Jane Smiley; Estimated Retail Value (“ERV”) of Prize 1 Sixteen dollars and ninety nine cents ($16.99); ERV of all Prizes is six hundred forty five dollars and seventy-one cents dollars ($169.90 ).
All details of Prizes are subject to change and shall be determined by Sponsor in its sole discretion. Each Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Gift cards are subject to all limitations, restrictions, terms and conditions imposed by the applicable issuer. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries for the Daily Drawing or Grand Prize Drawing, as applicable, at Sponsor’s sole discretion.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of a Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prizes, including express warranties provided exclusively by Prize suppliers that are sent along with Prizes; (c) if selected as a Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. 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, 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. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners 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. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of 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.
WINNER ANNOUNCEMENT: For the names of the Winners, available after September 17, after end date of Sweepstakes, send a self-addressed, stamped envelope to be received by June 30, 2010 to: LifeGoesStrong - JANE SMILEY CHILDREN’S BOOK GIVEAWAY Winners List, iVillage, 75 9th Avenue, Floor 7, New York, NY 10011, Attn: Lana Vitsup