2018 Bike Sweepstakes #2 Rules & Regulations
These official rules ("Official Rules") contain the terms and conditions applicable to the LittleMissMatched Patch Bike 16" Sweepstakes.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. MANY WILL ENTER, FEW WILL WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THIRTEEN (13) YEARS OF AGE. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) THAT GOVERN ENTRY INTO THE PROMOTION. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES. FAILURE TO COMPLY WITH THESE TERMS WILL VOID YOUR ENTRY.
The Promotion is sponsored by LittleMissMatched LLC | 555 Theodore Fremd Ave. | Rye, NY 10580 ("Sponsor").
2. PROMOTION PERIOD
The Promotion starts on August 3, 2018 at 12:00 AM EDT and ends on September 3, 2018 at Midnight EDT ("Promotion Period"). Entries must be submitted online at www.littlemissmatched.com/bike-sweepstakes during the Promotion Period.
3. WHO MAY ENTER
The Promotion is open to persons at least thirteen (13) years of age as of the start of the Promotion Period who are legal residents of, and physically located in, the 50 United States or D.C. Employees and agents of Sponsor, its affiliates, subsidiaries, parent companies, and its and their advertising and promotion agencies (individually and collectively, "Sponsor Entities"), as well as members of such employees' and agents' immediate families (spouse, and parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same household with such employees and agents, whether or not related, are not eligible to enter or win. The Promotion is subject to all applicable federal, state and local laws. If at the start of the Promotion Period you are under the age of majority in your state of primary residence (a "Minor"), you must have permission to enter the Promotion from your parent or legal guardian (a "Parent") prior to entering the Promotion to be eligible.
4. HOW TO ENTER
Eligible participants (each referred to as "you" or a "Participant" herein) may enter the Promotion by completing the following: During the Promotion Period, visiting www.littlemissmatched.com/bike-sweepstake, then fill out the provided entry form with your first and last name, city, state, zip code, birthday, email address and other required information, and place the completed entry form in the Promotion entry box located by the register (each, an "Entry").
All Entries must be received during the Promotion Period to be eligible for the Promotion. There is a limit of one (1) Entry per Participant and email address (regardless of method of Entry or whether one person has more than one email address or more than one person uses the same email address) during the Promotion Period per day. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the email address is registered. Entries by any method other than set forth above in Section 5 are void. Any use of automated or programmed methods of Entry is prohibited. Neither the Sponsor Entities, the Participating Location Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for the following: Entries from persons residing, or physically located, outside the 50 United States or D.C.; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; lost, interrupted or unavailable network(s), server(s), Internet service provider(s), Website connections or other connections, telephone availability or accessibility; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; failed phone, computer hardware or software or text message malfunctions, failures, technical errors or difficulties; telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified and any attempt by a person to submit more than the one (1) Entry allowed by these Official Rules may result in disqualification at the Sponsor's sole discretion. All received Entries become property of the Sponsor and will not be acknowledged or returned. The information contained in the Entry will not be used by the Sponsor or its affiliates for online or offline advertising, promotions or marketing purposes except as provided herein. This Promotion is void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
6. DRAWING PROCEDURES
On or about September 10th, 2018, Sponsor will conduct one (1) random drawing in which one (1) potential Grand Prize winner will be selected from among all eligible Entries received at the Participating LittleMissMatched Location. Non-winning Entries will not carry over into subsequent random drawings. Sponsor is the official timekeeper for the Promotion, and all of Sponsor's decisions shall be final and binding.
On or about September 10th, 2018, Sponsor will notify the potential Grand Prize winner via email at the email address provided to Sponsor in the Entry to obtain their affidavit of eligibility (an "Affidavit of Eligibility") as well as any additional required information, releases or responses. The potential Grand Prize winner must return the fully executed Affidavit of Eligibility and provide all other requested information and documents to Sponsor within three (3) days (i.e. 72 hours) following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the Grand Prize and selection of an alternate winner. All legal responsibilities of a Minor under the Official Rules will be assumed by his/her Parent, and a Minor winner’s prize will be awarded in the name of the Parent for the benefit of the Minor. In the event a potential prize winner is a Minor, the Minor’s Parent may be required to sign and return an Affidavit of Eligibility on behalf of themself and/or the Minor, and any other legal documents that Sponsor may require, including documentation to have an agreement affirmed by a Surrogate’s Court. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: a potential winner’s failure to respond to notification within three (3) business days after transmission; the return of an email notification as undeliverable after two (2) attempts; the return of any other notice or a prize as undeliverable; a potential winner’s failure to timely provide Sponsor with the Affidavit of Eligibility with satisfactory proof of age, identity, residency and/or being the authorized account holder of the email address associated with the winning Entry; a potential winner’s failure to provide required additional information upon Sponsor’s request; and any other non-compliance with these Official Rules. In the event of any prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. All taxes are solely the responsibility of the winner. Prize is non-refundable and non-transferable, and no substitutions or cash redemptions are allowed, except at the Sponsor’s sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Grand Prize will be shipped to the Grand Prize winner by Sponsor via Standard Ground shipping within the 50 United States and D.C.
One (1) Grand Prize will be awarded. The "Grand Prize" consists of: one (1) 16" LittleMissMatched Patch Bike. Total Approximate Retail Value ("ARV"): $99.99 USD.
9. PUBLICITY GRANT/PRIVACY
10. GENERAL CONDITIONS
By submitting an Entry for the Promotion, you (i) agree that you have read and agree to be bound by these Official Rules; (ii) you are eligible to enter this Promotion according to these Official Rules; (iii) all of the information provided as part of your Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (iv) consent to the use of your name, image, likeness, voice and/or biographical information by Sponsor for promotional purposes (including posting on Sponsor’s website and social media, whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; (v) agree to be bound by the interpretations of these Official Rules by the Sponsor and the decisions of the Sponsor relating to the Promotion, which are final and binding in all matters. The Sponsor is not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, unreadable or undelivered Entries. The Sponsor is also not responsible for any incorrect or inaccurate information, whatever the cause, associated with the Promotion. The Sponsor reserves the right to disqualify and void all associated Entries of any person found or suspected of tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, or any other causes which the Sponsor deems could corrupt or affect the administration, security, fairness or proper conduct of this Promotion, the Sponsor reserves the right at its sole discretion to cancel, end, modify, suspend or terminate the Promotion, as permitted under law. The Sponsor will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control ("Force Majeure Event") that may cause the cancellation or postponement of the Promotion. If the Sponsor, in its discretion, elects to abbreviate the Promotion as a result of a Force Majeure Event, the Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure Event. In no event will more prizes be awarded than stated in these Official Rules.
By your participation in the Promotion, you agree that the Releasees will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize or participation in this Promotion, access to and use of the Website and each website associated with this Promotion and/or downloading from such website(s), or any claim based on publicity or privacy rights, defamation, invasion of privacy or merchandise delivery. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Promotion. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Except where prohibited, you, the potential winner and winner agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the New York courts (state and federal); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will you and the potential winner and winner be permitted to obtain awards for, and you and potential winner and winner hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you, other Promotion entrants, the potential winner, winner, the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. WINNER LIST
To request the name of the Promotion winner or a copy of these Official Rules, send a stamped, self-addressed envelope for receipt by October 1, 2018 to: LittleMissMatched LLC | 555 Theodore Fremd Ave. | Rye, NY 10580. (VT residents need not affix return postage.) Please specify "LittleMissMatched Bike Winner List / Official Rules" upon request.
12. ADDITIONAL CONDITIONS
Sponsor may communicate about this Promotion via Sponsor’s Twitter profile, Pinterest profile, Facebook page and/or other social media accounts, as well as through publicity in and around the premises of Participating Location Entities. By participating in this Promotion, you acknowledge that this Promotion is in no way sponsored, endorsed or administered by, or associated with these social media platforms, or any of the Participating Location Entities, and you agree that social media platforms and Participating Location Entities constitute a "Releasee" for the purposes of Section 5 above.