These Official Rules apply for the Martha Stewart Weddings Jewelry Survey Sweepstakes promotion ("Sweepstakes") conducted by Martha Stewart Living Omnimedia, Inc., 601 West 26th Street, New York, NY 10001 ("Sponsor") which will be promoted only via email invitation (“Sweepstakes Email”). The Sweepstakes will start at 12:00 AM Eastern Standard Time ("EST") on March 9, 2012 and will end at 11:59:59 PM Eastern Daylight Savings Time (“EDT”) on March 16, 2012 (“Promotion Period”). By entering this Sweepstakes, you agree to the Terms in these Official Rules.
1. SWEEPSTAKES ENTRANTS AND PRIZE RECIPIENT MUST BE (A) LEGAL RESIDENTS OF ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, (B) AGED 18 YEARS OR OLDER, AND (C) THE “AUTHORIZED ACCOUNT HOLDER” (AS DEFINED IN PARAGRAPH #6) OF THE EMAIL ADDRESS SUBMITTED AS OF MARCH 8, 2012 TO BE ELIGIBLE. VOID WHERE PROHIBITED BY LAW. SWEEPSTAKES SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Employees, officers, directors &/or agents of Sponsor and all prize suppliers, distributors and advertising/promotion agencies and/or judging agencies and each of their respective parent companies, subsidiaries, affiliates, (collectively, the "Released Entities") and their immediate family members (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter or win.
2. HOW TO ENTER: Electronically follow the instructions found in the Sweepstakes Email you receive to complete the survey as directed and receive one (1) automatic entry into the Sweepstakes. You will be required to provide a valid email address (hereinafter, individually as “Entry” or collectively as “Entries”). All entries must be received by 11:59:59 PM EDT on March 16, 2012. Limit one (1) entry per person, household or email address. Your completed entry constitutes your consent to participate in this Sweepstakes as well as your consent for Sponsor to obtain and deliver your name, address and other information to a prize supplier(s) designated by Sponsor for the purpose of fulfilling your prize if you are selected as a prize winner and for other uses by Sponsor as permitted by applicable law. Entries are the property of the Sponsor and will not be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, misaddressed, or otherwise misdirected entries that are processed late or incorrectly or are lost due to computer or electronic malfunction or other error.
3. WINNER SELECTION/RANDOM DRAWING: One (1) potential prize winner will be selected in a random drawing from among all entries received during the Promotion Period. The random drawing will be conducted on or about March 19, 2012 by an independent judging organization whose decisions on all matters relating to this Sweepstakes are final and binding in all respects pertaining to this Sweepstakes. Odds of winning depend on the number of entries received during the Promotion Period. Potential prize winner will be notified email on or about March 19, 2012. If potential prize winner notification or prize is returned as undeliverable, potential prize winner is ineligible, or potential prize winner declines the prize, the prize will be awarded to an alternate prize winner in a random drawing from among all remaining eligible entries during the Promotion Period.
4. ONE (1) PRIZE: Prize consists of MARTHA STEWART™ merchandise and/or products to be designated by Sponsor valued at up to $150. The approximate retail value (“ARV”) of the prize is $150. Prize winner will be solely responsible for all federal, state and local taxes on the prize, and any and all expenses or costs associated with the acceptance and use of the prize. No cash substitution, assignment, or transfer of prize is permitted. In the event the prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. The ARV of the prize set forth above represents Sponsor’s good faith determination of the actual fair market value and, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated ARV of the prize is more than the actual fair market value of the prize, the difference will not be awarded in cash or otherwise.
5. CLAIMING PRIZE/RELEASE: Potential prize winner will be required to execute and return a Prize Winner Verification Form and Publicity Release (unless prohibited by law) to Sponsor within fourteen (14) days of notification. If potential prize winner fails to comply with the Official Rules and/or to submit required documentation within the designated period, the potential prize winner will be disqualified and the prize will be awarded to an alternate prize winner in a random drawing from among all remaining Entries received during the Promotion Period. Sponsor is not responsible for fraudulent calls or emails made to entrants not by the Sponsor.
6. INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all Eligible Entries received at the time of the Sweepstakes termination. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on an email address, the winning entry will be declared made by the "Authorized Account Holder" of the email address submitted at time of entry. "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Use of automated devices are not valid for entry.
7. GENERAL: By entering this Sweepstakes, entrants and prize winner: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Sweepstakes, and all attorney's fees, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; (3) consent to the use of their names, voices, pictures, and likenesses for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law; and (4) acknowledged that the Sponsor and Release Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor may, at any time, decide to discontinue, terminate or modify this Sweepstakes in any manner that it deems fair and equitable to participants if Sponsor becomes aware of any occurrence that would materially affect the Sweepstakes' security and fairness. Sponsor may prohibit individuals from participating in Sweepstakes and disqualify entries if they (1) attempt to enter the Sweepstakes through any means other than as described in these Rules, (2) attempt to disrupt the Sweepstakes or circumvent the terms and conditions of these Rules in any way or (3) repeatedly show a disregard for the Sweepstakes Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor's decisions with respect to the Sweepstakes are final.
8. LIABILITY & RELEASE: By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsor and the Released Entities from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or entrants receipt, acceptance, use &/or enjoyment of any prize, including but not limited to travel and lodging portions of any prize. In no event shall the Sponsor or the Released Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and the Released Entities reserve the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsor and Released Entities are not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of the prize winner, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or Released Entities are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or Released Entities’ control (each a “Force Majeure” event) the Sponsor and Released Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor or Released Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and Released Entities reserve the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event.
10. NAME OF WINNER/OFFICIAL RULES: To obtain the name of the prize winner, available after April 2, 2012, or a copy of these Official Rules, send a self-addressed, stamped #10 envelope to be received by May 31, 2012 to Martha Stewart Weddings Jewelry Survey Sweepstakes, Attn: Renee Mitchell, 601 West 26th Street, 10th Floor, New York, NY 10001. Please specify “Official Rules” or “Winners List” on the outer mailing envelope. VT residents need not include return postage for Official Rules requests.
11. HAVE A QUESTION? Email us at firstname.lastname@example.org or write us at Martha Stewart Living Omnimedia, Inc., Attn: Research, 601 West 26th Street, New York, NY 10001.
NATURE OF SPONSOR'S BUSINESS: Media and Merchandising.
© 2012 Martha Stewart Living Omnimedia, Inc. All rights reserved.