Icing on the Wedding Cake Giveaway
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“Icing on the Wedding Cake Giveaway” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. WINNERS MUST BE A CURRENT MEMBER OF COLINCOWIEWEDDINGS.COM AND MAY BE FEATURED ON SPONSOR'S FACEBOOK PAGE AND SPONSOR'S WEB SITE.
PARTICIPATION CONSTITUTES’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE "OFFICIAL RULES".
I. SWEEPSTAKES PERIOD: The “Icing on the Wedding Cake Giveaway” Sweepstakes (the “Sweepstakes”) begins on or about 9:00 a.m. Eastern Time (“EST”) on Thursday, May 16th, 2013 and ends at 10:00 a.m. ET on Saturday, May 18, 2013 (the “Sweepstakes Period”). The Sweepstakes is sponsored by Colin Cowie Enterprises, 256 W. 36th St. 4thFloor, New York, NY 10018 (the “Sponsor”).
II. ELIGIBILITY: The Sweepstakes Rules are intended for viewing in the United States (“U.S.”) only and entrants must be 18 years of age and a legal resident of the U.S., or District of Columbia (“D.C.”) at the time of entry, May 16th, 2013 (“Start Date”). The sweepstakes is only open to current members of ColinCowieWeddings.com. All federal, state and local laws and regulations apply. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited by law. Employees of Colin Cowie Enterprises, its divisions, subsidiaries and affiliates, and the agents, advertising, promotional and judging agencies of each of the foregoing, and any other entity or persons that develops, produces or distributes materials for or related to this Sweepstakes (collectively, the “Released Parties”) and the immediate family members (parent, in-laws, grandparents, children, grandchildren, siblings, and spouse) of, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited or restricted by law.
III. HOW TO ENTER THE SWEEPSTAKES: An individual member will be deemed a Participant in the Sweepstakes if they are eligible and enter the Sweepstakes using the following entry method:
1.) Online Method of Entry: Members (“Participant” or “You”) will go towww.colincowieweddings.com/articles/cakes/icing-on-the-wedding-cake-giveaway and fill out the entry form. If you are not already a member, you will be prompted to sign up before entering the sweepstakes. You will also sign up for the ColinCowieWeddings.com newsletter by going to https://cb.sailthru.com/join/1h4/weddingnotessignup and completing the required information. All entries must be received by 9:59 a.m. ET on May 18, 2013.
LIMIT ONE (1) ENTRY PER PERSON/EMAIL ADDRESS REGARDLESS OF METHOD OF ENTRY
Sponsor reserves the right to disqualify any person or email address that submits more than maximum allowed entries. Incomplete entries will be voided. Proof of sending, or submission will not be deemed to be proof of receipt by Sponsor. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Administrator, which are final and binding in all matters relating to the Sweepstakes. Released Parties are not responsible for lost, late, stolen, incomplete, damaged, stolen, garbled, delayed, undelivered, inaccurate, illegible or misdirected entries, messages or transmissions, interrupted or unavailable network, wireless, server or other connections, miscommunications, failed hardware or software or telephone transmissions or technical failures, malfunction of phones (including wireless phones/handsets), phone lines or telephone systems or other communication malfunctions, cellular equipment tower, telephone systems, wireless service problems, errors or malfunctions, garbled, misrouted, scrambled transmissions or other errors or problems of any kind whether mechanical, human, network or electronic or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes or the processing of entries; for inaccurate entry or other Sweepstakes related information, printing, typographical or other errors appearing in these Official Rules, or in other Sweepstakes related materials. By participating, entrants agree to abide by these Official Rules and to the decisions of the Sponsor and judges, which shall be final and binding in all matters relating to this Sweepstakes. All entries become the property of Sponsor and will not be acknowledged.
IV. DRAWING & NOTIFICATION: The potential Grand Prize Winner will be selected from among all eligible entries received, in a random drawing conducted, on or about May 20, 2013 by the Sweepstakes Administrator, whose decisions are final and binding in all matters relating to the selection of the Grand Prize Winner of this Sweepstakes. Potential winner will be notified by email and/or phone notification (in Sponsor's sole discretion).
Odds of winning the Grand Prize will depend on the total number of eligible entries received at the time of the Grand Prize drawing.
One (1) Grand Prize winner will receive the following:
1) One (1) white wooden 14” square cake stand by E. Isabella Designs, valued at $65.00.
2) One (1) set of “Mr. and Mrs.” Cake forks customized with the Grand Prize winner’s wedding date from Woodenhive, valued at $25.00.
3) One (1) cake topper from Over the Top Studios’ Etsy store, valued at up to $99.00.
Approximate Total Retail Value (“ARV”) is $189.00.
VI. GRAND PRIZE ACCEPTANCE CONDITIONS: The Grand Prize Winner (“Winner”) is a Participant who satisfies all entry requirements and agrees to the following: (i) Potential Winner shall supply upon request by Sponsor, personal information for purposes of Sponsor performing a background check, issuing prizes, governmental reporting and/or verifying Winner’s identification; (ii) Sponsor has the right, but without obligation, to obtain a background and criminal check on a Participant in order to disqualify a Winner based on the results thereof and/or any perceived negative conduct by a potential Winner, including, without limitation to, anything that may reflect unfavorably on the Sponsor, or any perceived breach(es) of the Sweepstakes document(s) signed by a Winner, as determined in the sole discretion of the Sponsor; (iii) The winner accepts the Sweepstakes prize offered by Sponsor, which is nontransferable and non-refundable and must be accepted as awarded. No substitution of prize is offered, no transfer of prize to a third party is permitted and non-cash prize is not redeemable for cash value, except as determined by Sponsor in its sole discretion. Sponsor reserves the right to award a prize of equal or greater value in the event that any of the published prizes become unavailable. Any difference between the stated value of a prize and the actual value of prize will not be awarded; (iv) all federal, state and local laws and regulations apply. Prize recipient is responsible for all applicable federal, state, and local taxes on a prize; if applicable, Grand Prize Winner will receive an IRS Form1099 for the retail value of the prize; (v) upon forfeiture for any reason stated in these Official Rules, no compensation will be given except at the sole discretion of Sponsor. Any and all additional expenses and costs not expressly listed in Sponsor’s Prize Release Contract (“Contract”) are the winner’s responsibility. Unclaimed or undeliverable prizes will not be awarded after Twenty Four (24) months of Notification Date; (vi) Restrictions, conditions and limitations may apply to the use of the Prize. While prize suppliers will make every effort to confirm and fulfill delivery date as requested, operational and/or market conditions may prevent them from obliging the requested date and this is subject to availability. All expenses not specifically mentioned herein, are not included as part of any prize package, and are solely the winner’s responsibility. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the prize providers or any other persons providing any prize-related services. The prize must be accepted by May 31, 2013, or prize will be forfeited. Additional prize award details and information to be provided to the winner at the time of notification.
The Winner’s Entry and acceptance of the prizes offered constitutes permission for the Sponsor to use all materials created subsequent to entry, including any photo-shoot photographs, recordings, video tape footage, promotional activity, publicity and other materials documenting Winner events, including the image and/or voice of Winner, and all rights title and interest thereto, including copyrights and derivative works, and concepts or ideas depicted therein, become the sole property of Sponsor and may be used, at the sole discretion of Sponsor (without obligation) together with any Winner’s name, image, photograph, likeness, voice or hometown name, by Sponsor for any purpose and in any media whatsoever, without limitation, including print, collateral materials, product packaging, audio recordings/film/TV/video, outdoor advertising and the Internet, without compensation or review.
IX. INTERNET AND LIMITATIONS OF LIABLILTY: If for any reason, this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. 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 also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsor is not responsible for any damage to a Sweepstakes’ system, which is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes. If any provisions of the Official Sweepstakes Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. 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 regarding the identity of an individual who actually submitted an On-Line entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, On-Line 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
X. RELEASES: All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Colin Cowie Enterprises, their parents, affiliates and subsidiary companies, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”), from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (i) accessing the Sponsor's Website, (ii) participating in any aspect of the Sweepstakes, including, without limitation, any injury, damage, death, loss or accident to person or property, (iii) the receipt, ownership, possession, use or misuse of any prize awarded; (iv) viruses or any downloading or other problems with the Sweepstakes Application; or (v) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the delivery, appearance, safety, or performance of any prize.
Except where prohibited, as a condition of participating in this Sweepstakes, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of New York, in the City of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of New York, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS $250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
XII. WINNERS LIST/OFFICIAL SWEEPSTAKES RULES REQUEST: For the names and city/state of residence of prize Winners or a copy of these Official Sweepstakes Rules, send a request specifying a copy of the Winners List or Official Sweepstakes Rules along with a self-addressed, stamped envelope postmarked by 6/16/13 and received by 6/18/13. Mail to: Compliance/“Icing on the Wedding Cake Giveaway” Sweepstakes Winners List, 256 W. 36th St. 4th Floor, New York, NY 10018.
XIII. SPONSOR: Colin Cowie Enterprises, 256 W. 36th St. 4th Floor, New York, NY 10018
XIV. ADMINISTRATOR: Colin Cowie Weddings, 256 W. 36th St. 4th Floor, New York, NY 10018