OFFICIAL
RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING
2.
Winner Notification: Winner will be notified
within one (1) month of the last day of the Sweepstakes, via e-mail, and/or at
Sponsor’s discretion, via phone or postal mail. In the event the Winner doesn’t
respond to Sponsor’s notification or does not accept the prize within five (5)
business days of notification, the prize will be deemed forfeited and an
alternate Winner will be selected. In the event that any one or more potential
Winner(s) fails to respond as stated above, declines the prize or fails to
provide signed affidavits or releases, such Winner(s) will be deemed to forfeit
the prize and Sponsor will select an alternate Winner(s) from the remaining
eligible entrants. If any alternate(s) similarly fails to respond or declines
the prize, Sponsor will use a reasonable number of attempts, in its discretion,
to award the prize(s) to another alternate(s) but if it is unable to do so, the
prize(s) will be finally forfeited and Sponsor shall have no further liability
in connection with this Sweepstakes. List of Winner(s): For the name(s) of the Winner(s), send a
separate self-addressed, stamped envelope to HSN Marie Claire Shoes First
Sweepstakes Winners’ List, Hearst Communications, Inc., 300 West
57th Street NY, NY 10019 within two (2) months from the Winner
notification date as specified above.
3.
ENTRIES: Limit
one (1) entry per person per day for Sweepstakes. Multiple entries from the same person on the
same day will be disqualified. Entries
become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof
of receipt. If applicable, inaccurate,
lost, late, misdirected or incomplete or entry forms that have been tampered
with will be disqualified. Online
entrants must have valid email address and it is entrant’s responsibility to
update Sponsor of any change in email address.
If there is a dispute as to the identity of an online entrant, the prize
will be awarded to the authorized account holder of the email address. 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, carrier, or other organization (e.g.,
business, educational institution, etc.) that is responsible for assigning the
email addresses for the domain associated with the submitted email
address.
4.
ELIGIBILITY: Open to legal residents of the 50 United
States and the District of Columbia, who have reached the
age of majority in their state or territory of residence at time of entry. Void
in Puerto Rico and where prohibited by law.
Employees of Sponsor, its parents, affiliates and subsidiaries,
participating advertising and promotion agencies, independent judging organizations,
and prize suppliers (and members of their immediate family and/or those living
in the same of household of each such employee) are not eligible.
5.
CONDITIONS OF PARTICIPATION: Expenses not specifically included in prize
description and all taxes are the sole responsibility of the Winner. Each prize is awarded “as is” with no
warranty or guarantee, either express or implied outside of manufacturer's
limited warranty. No transfer,
assignment or substitution of a prize permitted, except Sponsor reserves the
right to substitute prize for an item of equal or greater value in the event an
advertised prize is unavailable. The
Winner is required to comply with any and all applicable federal, state, and
local laws, rules and regulations. All
federal, state and local taxes, and any other costs not specifically provided
for in these Official Rules are solely the Winner’s responsibility. If the actual retail value of any Winner’s
prize is $600 or more, the Winner must complete a W9 form and supply Sponsor
with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name
of the Winner for the actual value of the prizes received. Sponsor shall have
no responsibility or obligation to the Winner or potential Winner who are unable
or unavailable to accept or utilize prizes as described herein. Entrants agree
to be bound by the terms of these Official Rules and by the decisions of
Sponsor, which are final and binding on all matters pertaining to this Sweepstakes. Winner may be required to sign and return an
Affidavit of Eligibility, a Liability Release and where legally permissible a
Publicity Release within seven (7) days following the date of first attempted
notification. Failure to comply with
this deadline may result in forfeiture of the prize and selection of an
alternate Winner. Return of any
prize/prize notification as undeliverable may result in disqualification and
selection of an alternate Winner. Winner hereby further agrees that it will
sign any documents necessary to transfer copyright of his/her submitted entry,
if applicable, to Sponsor within seven (7) days following the date of first
attempted notification. By entering, Entrant grants permission for Sponsor, and
any of its affiliates and subsidiaries, participating advertising and promotion
agencies, and prize suppliers to use the entrant’s submission (including an
altered form of the entry), if any, for editorial, advertising and promotional
purposes without additional compensation, unless prohibited by law. If images
are being submitted to Sponsor as a requirement for entry, Entrants agree that
they have all rights to use the images submitted and to allow Sponsor, any of
its affiliates and subsidiaries, participating advertising and promotion
agencies, and prize suppliers to reuse any of the images, without any
liability, for editorial, advertising and promotional purposes. Additionally,
acceptance of the prize by Winner constitutes permission for Sponsor and any
affiliates and subsidiaries, participating advertising and promotion agencies,
and prize suppliers to use Winner’s name and/or likeness and biographical
material for editorial, advertising and promotional purposes without additional
compensation, unless prohibited by law. By accepting prize, Winner agrees to
hold Sponsor, its advertising and promotion agencies and their respective
parent companies, subsidiaries, affiliates, partners, representative agents,
successors, assigns, officers, directors, and employees harmless for any injury
or damage caused or claimed to be caused by participation in the Sweepstakes or
acceptance or use of the prize. Sponsor
is not responsible for any printing, typographical, mechanical or other error
in the printing of the offer, administration of the Sweepstakes or in the announcement
of the prize.
6.
INTERNET/mobile:
Sponsor is not
responsible for electronic transmission errors resulting in omission,
interruption, deletion, defect, delay in operations or transmission, theft or
destruction or unauthorized access to or alterations of entry materials, or for
technical, network, telephone equipment, electronic, computer, hardware or
software malfunctions or limitations of any kind, or inaccurate transmissions
of or failure to receive entry information by Sponsor or presenter on account
of technical problems or traffic congestion on the Internet, at any Web site,
or via the mobile phone or any combination thereof. If for any reason the Internet or mobile
phone portion of the program is not capable of running as planned, including
infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes which corrupt of affect the
administration, security, fairness, integrity, or proper conduct of this Sweepstakes,
Sponsor reserves the right at its sole discretion to cancel, terminate, modify
or suspend the Sweepstakes. Sponsor reserves the right to select winners from
eligible entries received as of the termination date. Sponsor further reserves the right to
disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from
participating in the Sweepstakes if it determines that said entrant is
attempting to undermine the legitimate operation of the Sweepstakes by cheating,
hacking, deception or other unfair playing practices or intending to abuse,
threaten or harass other entrants.
Caution: Any attempt by a participant 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 participant to the fullest extent of
the law.
7.
DISPUTES/CHOICE OF LAW:
Except where prohibited, each entrant
agrees that: (1) any and all disputes, claims and causes of action arising out
of or connected with this or any prize awarded shall be resolved individually,
without resort to any form of class action, and exclusively by state or federal
courts situated in New York, NY, (2) any and all claims, judgments and awards shall
be limited to actual out-of-pocket costs incurred, but in no event attorneys'
fees; and (3) no punitive, incidental, special, consequential or other damages,
including without limitation lost profits may be awarded (collectively,
"Special Damages"), and (4) entrant hereby waives all rights to claim
Special Damages and all rights to have such damages multiplied or
increased. New York State law, without
reference to New York’s choice of law rules, governs the Sweepstakes and all
aspects related thereto.
8.
SPONSOR: The Sponsor of this Sweepstakes is Hearst Communications,
Inc., 300 W. 57th Street, New York, NY 10019.