Better Than Chocolate Daily Contest

OVERSTOCK.COM "BETTER THAN CHOCOLATE" CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING ALASKA, HAWAII, 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., 6350 S. 3000 E., SLC, UT 84121

1. PRIZES: Entries received during the fourteen (14) day contest will be entered to win the grand prize, an 18k White Gold 1 ¼ ct TDW Diamond Engagement Ring, valued at $4,579.99. Entries received during the first twelve (12) days of the contest will also be eligible to win the daily prize for the day of entry. Beginning on the first day of the contest, Sponsor will award the following daily prizes in the following order: (Day 1) A Sterling Silver 1 ct TDW Diamond Bracelet (J-K, I3) valued at $59.99; (Day 2) a Sterling Silver Blue Topaz and Diamond Accent Ring valued at $36.99; (Day 3) a Sterling Silver 1/5 ct. Diamond Square Ring valued at $36.49; (Day 4) a Sterling Silver CZ Heart and Key Necklace valued at $1,799; (Day 5) A Sterling Silver Created Ruby 3-stone Ring valued at $26.49; (Day 6) a Sterling Silver Black Diamond Accent Buckle Ring $28.49; (Day 7) a Sterling Silver Marcasite and Turquoise Heart Necklace valued at $19.99; (Day 8) a Signature Moments Sterling Silver Laguna Murano Glass Starter Set valued at $49.99; (Day 9) Sterling Silver ½ ct TDW Diamond Hoop Earrings valued at $55.99; (Day 10) a Sterling Silver Black Pearl and Diamond Necklace valued at $39.99; (Day 11) a Sterling Silver Pave Style Round Cut CZ Ring valued at $21.49; (Day 12) a Stainless Steel Heart Toggle Clasp Bracelet valued at $22.49. The approximate aggregate value of the 10 prizes awarded is $4,999.37. Any federal and state taxes on the prize are the sole responsibility of the Winner. Substitution or transfer of prize is permitted only 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 "Even Better Than Chocolate" Contest ("the Contest") is open to legal residents of the United States (excluding Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories, and possessions), who are 18 YEARS OF AGE OR OLDER as of January 27, 2011 ("Entrant" or "Entrants"). Employees, their immediate families (spouses, parents, children, siblings, and their respective spouses), and household members (whether related or not) Sponsors and Sponsors' affiliates, subsidiaries, divisions, advertising and promotion agencies (collectively, "Contest Entities") are not eligible to enter. Limit of one entry per Entrant per each daily drawing. VOID IN ALASKA, HAWAII, PUERTO RICO, THE U.S. VIRGIN ISLANDS AND OTHER COMMONWEALTHS AND WHERE PROHIBITED BY LAW. Sponsor reserves the right to verify eligibility qualifications of any winner. The Contest shall be construed and governed according to the laws of the U.S.
3. HOW TO ENTER: The Contest begins at 12 a.m. Mountain Time on January 29, 2011, and ends at 7:00 a.m. Mountain Time on February 11, 2011. To enter the Contest, go to the Contest landing page (available through a link on the Overstock.com home page) and correctly answer the day's trivia question. Once the correct answer is entered, the contest entry form will become available and must be filled out completely. 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. Contest 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. Contest 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 Contest 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 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 email account used to enter the Contest 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 random drawings conducted by Sponsor at its place of business. The drawing for each daily prize will be conducted on the business day following the day that prize was offered. The drawing for the Grand Prize will take place on February 11, 2011 at 7 a.m. Mountain Time and will be from among all contest Entries. Sponsor will notify potential winner by phone and/or email after the drawing. Sponsor will use best efforts to ensure all prizes are delivered for arrival prior to February 14, 2011. 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.
5. PRIVACY: Personal information submitted in connection with the Contest 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 Contest Entities, such information shall be subject to the respective Contest Entity's privacy policy and terms of service.
6. 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.
7. GENERAL CONDITIONS: Potential Winner is required to sign and return within 10 days of notification, any applicable documents sent by Sponsor related to the Contest, including but not limited to the Contest "Winner Agreement" which includes an "affirmation of eligibility," a "publicity release" and a "waiver of liability". If Potential Winner fails to return documents as specified 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 Contest 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.
8. DISCLAIMER: IN NO EVENT WILL ANY OF THE CONTEST 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 CONTEST 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.
9. INDEMNITY: By entering this Contest, each Entrant agrees to release and hold harmless each Contest 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 Contest or from the acceptance, possession, use or misuse of any prize awarded, or participation in any Contest-related activity.
10. DISPUTES: As a condition of participating in the Contest, 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 Contest, 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, having competent jurisdiction, which Court shall apply the laws of the 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.
11. WINNERS' LIST: For the name of each day's prize winner, available within three business days after the winner is selected, and for one year thereafter, mail a self-addressed, stamped envelope to: "Even Better Than Chocolate" Contest, 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.