OVERSTOCK.COM "SPREE OF LOVE" SWEEPSTAKES CONTEST OFFICIAL RULES February 2010
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER.
VOID WHERE PROHIBITED.
OPEN TO LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC), WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR PROVINCE OF RESIDENCE.
SPONSOR: OVERSTOCK.COM, INC., 6350 S. 3000 E., SLC, UT 84121
- PRIZES: One (1) qualifying entrant will receive the Grand Prize of $1000 of in-store credit to be used on the website Overstock.com. Four (4) qualifying entrants will receive $250 Overstock.com in-store credit. The aggregate value of all prizes is $2000. Any federal and state taxes on the prize are the sole responsibility of the winner. No substitution or transfer of prize is permitted, except at the sole discretion of contest sponsor Overstock.com, Inc. ("Sponsor"). The prize will be awarded, provided properly claimed. Odds of winning depend on the number of eligible entries received.
- ELIGIBILITY: The "Spree of Love" Sweepstakes ("the Sweepstakes") is open only to legal residents of Canada (excluding Quebec), who have reached the age of majority in their province of residence. ("Entrant" or "Entrants"). Employees, their immediate families (spouses, parents, children, siblings, and their respective spouses), and household members (whether related or not) of Sponsor and Sponsor's affiliates, subsidiaries, divisions, advertising and promotion agencies (collectively, "Sweepstakes Entities") are not eligible to enter. Limit of one entry per Household per day, where Household is defined as those Entrants residing at the same physical address. Entries in excess of this limit will be deemed void. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW. Sponsor reserves the right to verify eligibility qualifications of any winner. The administration of the Sweepstakes shall be construed and governed according to the laws of the U.S.
- HOW TO ENTER: The Sweepstakes begins at 12 a.m. Mountain Time on February 1st, 2010, and ends at 12 a.m. Mountain Time on March 1st, 2010. During the Sweepstakes, Overstock.com customers who live in Canada and are eligible to enter will be automatically entered each day they make one or more purchases on the Overstock.com website. (Limit: one entry per Household per day). To enter the Sweepstakes without making a purchase, click here or log on to http://www.overstock.com/love and Fill-out and submit the registration information required. Incomplete entries are void.
By entering, Entrants agree to comply with these Official Rules, including all eligibility requirements. To enter, your computer must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered), which may be used by Sponsor for the purposes of entry tracking and for other purposes set forth in Sponsor's Privacy Policy. Sweepstakes Entities are not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirected entries. All entries become the property of Sponsor and will not be returned. Sweepstakes Entities assume no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or illegible transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Website; to be in violation of Sponsor's website User Agreement; to be acting in violation of the Official Rules; or for any other reason. Use of robotic, automatic, macro, programmed, or like entry methods is prohibited and will void all such entries by such methods and invalidate the Entrant. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of the entry will be deemed to be the valid Entrant. The Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
- DETERMINATION OF WINNER: Potential First Prize winners will be selected weekly in four random drawings conducted by Sponsor at its corporate office. The First Prize drawings will occur at noon GMT on February 5, 12, 19, and 26. Each drawing will be from among the entries received during the previous seven days. The potential Grand Prize winner will be selected in a drawing at Sponsor's corporate office at noon GMT on February 28, 2010 and will be from among all entries received throughout the length of the contest, except those entries selected as First Prize winners. Sponsor will notify potential winner by phone and/or email after the drawing. The winner will be determined after the random drawing, notification of potential winner by Sponsor, response from potential winner, completion by potential winner of required forms and agreements, and verification by Sponsor of the potential winner's eligibility.
- REQUIREMENTS OF POTENTIAL WINNER: Potential winners are required to sign and return within 10 days of notification, any applicable documents sent by Sponsor related to the Sweepstakes, including but not limited to the "Spree of Love" Sweepstakes "Winner Agreement" which includes an "affirmation of eligibility," a "publicity release" and a "waiver of liability". Additionally, potential winners are required to answer a timed mathematical skill question. If any potential winner fails to return documents or complete the mathematical skill question or if the prize notification is returned as undeliverable, the Entrant will be disqualified, and an alternate potential winner will be selected from eligible entries previously received. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes by giving such notice in any form and manner deemed appropriate by Sponsor, in which case, the Prize will be awarded from all eligible entries previously received up to (or if applicable, after) the modification, suspension or termination date and in accordance with these Official Rules.
- PRIVACY: Personal information submitted in connection with the Sweepstakes shall be treated in accordance with these Official Rules and Sponsor’s Privacy Policy located at www.support.overstock.com. By entering, Entrants consent to the receipt of promotional materials from Sponsor. Additionally, if an Entrant chooses to opt-in to receive additional email communications from other Sponsor-related Sweepstakes Entities, such information shall be subject to the respective Sweepstakes Entity’s privacy policy and terms of service.
- PUBLICITY: Where permitted by law and Sponsor's Privacy Policy, winner agrees to grant to Sponsor and Sponsor' licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by Sponsor. Failure to make such appearances or grant such rights may result in disqualification with an alternate potential winner selected from eligible entries previously received and in accordance with these Official Rules; and Sponsor will bear such reasonable costs and expenses which Sponsor, in its sole discretion, deems appropriate for winner to appear for a presentation or other activity.
- DISCLAIMER: IN NO EVENT WILL ANY OF THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES AND YOUR ACCESS TO AND USE OF INTERNET SITE WWW.OVERSTOCK.COM, OR OTHER SPONSOR INTERNET SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THESE LIMITATIONS OR EXCLUSIONS DON’T APPLY WHERE PROHIBITED BY LAW.
- INDEMNITY: By entering this Sweepstakes, each Entrant agrees to release and hold harmless each Sweepstakes Entity and their respective employees, officers, directors, representatives, and agents from any injury, loss, death, damage, action, claim, demand or other liability that may occur from Entrant's participation in the Sweepstakes or from the acceptance, possession, use or misuse of any prize awarded, or participation in any Sweepstakes-related activity.
- DISPUTES: As a condition of participating in the Sweepstakes, Entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the United States of America, State of Utah, County of Salt Lake, having competent jurisdiction, which Court shall apply the laws of the U.S. and specifically, the U.S. State of Utah without regards for doctrines of Conflict of Law. 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.
- WINNERS’ LIST: For the name of each week’s prize winner, available after February 28, 2010 and for one year thereafter, mail a self-addressed, stamped envelope to: "Spree of Love" Sweepstakes, Overstock.com, Inc., 6350 S. 3000 E., SLC, UT 84121. Washington and Vermont residents may omit return postage when requesting the name of the prize winner.