NO PURCHASE NECESSARY TO ENTER.
VOID WHERE PROHIBITED.
OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS), WHO ARE 18 YEARS OF AGE OR OLDER.
SPONSOR: OVERSTOCK.COM, INC. dba O.co ("O.co"), 6350 S. 3000 E., SLC, UT 84121
1. PRIZES: Six (6) qualifying Entrants will receive one $50.00 gift card to use on Sponsors shopping website. No substitution or transfer of prize is permitted, except at the discretion of Sponsor. The total value of all prizes to be awarded is $300.00. The prizes will be awarded, provided properly claimed, in accordance with these Official Rules. Sponsor will determine, in the method set forth below, which winning Entrant receives which prize. 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 Sponsor. The prize will be awarded, provided properly claimed. Odds of winning depend on the number of eligible entries received.
2. ELIGIBILITY: The "Angelo Surmelis Twitter Party” Giveaway ("the Giveaway") is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories, and possessions), who are 18 YEARS OF AGE OR OLDER on or before October 8, 2011 ("Entrant" or "Entrants"). Employees, their immediate families (spouses, parents, children, siblings, and their respective spouses), and household members (whether related or not) of Sponsor are not eligible to enter. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW. Sponsor reserves the right to verify eligibility qualifications of any winner. The Giveaway shall be construed and governed according to the laws of the U.S.
3. HOW TO ENTER: The Giveaway begins at 6 p.m. Mountain Time on October 12, 2011. To enter, Entrants must tweet with the hashtag #OandHome during the Twitter Party which will begin at 6 p.m. Mountain Time on October 12, 2011 and end at 7 p.m. Mountain Time on October 12, 2011. Entries may be accepted or rejected by Sponsor, in Sponsor's sole discretion. Entries accepted by Sponsor will be automatically entered into the Giveaway. Sponsor reserves the right to reject and remove any posted Entries it deems inappropriate, such as Entries that contain obscenity, racism, libel or disparagement of any person or group. Limit one (1) Entry per person. The deadline to submit an Entry is 7:00 p.m. Mountain Time on October 12, 2011.
By entering, Entrants agree to comply with these Official Rules, including all eligibility requirements. Sponsor is not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirected Entries. Sponsor assumes 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, to be tampering with the entry process or the operation of the Giveaway, to be acting in violation of the Official Rules or for any other reason as determined by Sponsor in its sole discretion. 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 account used to enter the Giveaway 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.
4. DETERMINATION OF WINNER: Potential winners will be selected in a random drawing conducted by Sponsor at its place of business on or about October 12, 2011 from among all eligible entries received by the deadline. A separate random drawing will be conducted for each of the six prizes. The potential winner will be notified by direct message/email. The potential winner must respond to Sponsor's notification, and complete all required forms and agreements, including verifications of eligibility. If a potential winner is found to be ineligible under these Official Rules or fails to respond or complete the required forms within ten (10) calendar days, the potential winner shall be automatically disqualified, and Sponsor shall select an alternate potential winner. The winner will be announced on Sponsor's Twitter Feed on October 12, 2011, and prizes will be awarded when the necessary forms, agreements and verifications have been received.
5. PRIVACY: Personal information submitted in connection with the Giveaway shall be treated in accordance with these Official Rules and Sponsor's Privacy and Security Policy. By entering, Entrant consents to the receipt of promotional materials from Sponsor.
6. PUBLICITY: Where permitted by law and Sponsor's Privacy and Security 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 Entrants 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.
7. GENERAL CONDITIONS: The winner is required to sign and return within ten (10) calendar days of notification, any applicable documents sent by Sponsor related to the Giveaway, including but not limited to the Giveaway "Winner Agreement" which includes an "affirmation of eligibility," a "publicity release" and a "waiver of liability." If the winner fails to return documents as specified or if the prize notification is returned as undeliverable, the Entrant may, at Sponsor's discretion, 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 Giveaway by giving such notice in any form and manner deemed appropriate by Sponsor, in which case, the prize may 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.
8. DISCLAIMER: IN NO EVENT WILL SPONSOR 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 OR INABILITY TO PARTICIPATE IN THE GIVEAWAY OR YOUR ACCESS TO AND USE OF HTTP://WWW.O.CO (THE "SITE"). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE 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.
9. INDEMNITY: By entering this Giveaway, each Entrant agrees to release and hold harmless Sponsor 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 Giveaway or from the acceptance, possession, use or misuse of any prize awarded, or participation in any Giveaway-related activity.
10. DISPUTES: As a condition of participating in the Giveaway, 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 Giveaway, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the State of Utah, County of Salt Lake, which Court shall apply the laws of the State of Utah without regard 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.
11. WINNERS' LIST: For the name of the prize winners, available after November 11, 2011 and for one year thereafter, mail a self-addressed, stamped envelope to: "O.co's Birthday Giveaways - Birthday Giveaway," 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.
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