Overstock.com, Inc. Review Sweepstakes Official Rules (“Sweepstakes”)

VOID WHERE PROHIBITED.

NO PURCHASE NECESSARY TO ENTER.

PURCHASE DOES NOT INCREASE CHANCE OF WINNING.

(CALIFORNIA RESIDENTS NOT ELIGIBLE TO ENTER)

SPONSER: Overstock.com, Inc., 799 W. Coliseum Way, Midvale, UT 84047

PRIZES: Eight (8) prizes will be awarded. Eight (8) qualifying Entrants will each receive one (1) Overstock.com Club O Rewards e-certificate in the amount of five hundred dollars ($500).

The total estimated retail value of all prizes is up to, but not exceeding, four thousand dollars ($4,000). Prizes are not eligible for rebates, discounts, or promotions.

No cash or prize substitutions, except at Sponsor’s discretion, for any reason. The prize will be awarded, provided properly claimed under these Official Rules. Any federal or state taxes and unspecified fees on a prize are the sole responsibility of the winner. Winner of any prize with a total estimated retail value of $600 or greater will be issued an Internal Revenue Service 1099 Tax Form reflecting estimated retail value of the prize package; winner agrees to fully cooperate with Sponsor and its representatives as to their compliance with this and any other governmental reporting requirements. Odds of winning depend on the number of eligible entries received.

ELIGIBILITY: Open to legal residents of the 49 United States and the District of Columbia (excluding California, Puerto Rico, U.S. Virgin Islands and other commonwealths, territories and possessions) who are at least the age of majority in their jurisdiction at the time of entry. Employees and Directors of Sponsor, Prize Provider (if applicable) and their subsidiaries, their immediate family members (spouses, parents, stepparents, children, stepchildren, siblings, stepsiblings, and their respective spouses) regardless of where they live, and household members (people who share the same residence at least three months a year, whether related or not) of such Employees/Directors are ineligible to enter. Sponsor reserves the right to verify eligibility qualifications of any potential winner.

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PROMOTIONAL PERIOD: The Sweepstakes begins at 12:00 a.m. (prevailing MT) on and ends at 12:00 a.m. (prevailing MT) on (“Promotional Period”). Sponsor is the official time keeper for this Sweepstakes.

HOW TO ENTER: There are two (2) methods of entry for the Sweepstakes: the Online Method of Entry and the Mail-in Method of Entry, outlined further below. A qualifying individual may enter the Sweepstakes (“Entrant”) up to five (5) times during the Promotional Period by the Online Method of Entry, the Mail-in Method of Entry, or any combination of both.

  1. Online Method of Entry: Entrant must have an active Overstock.com account with a valid email address. To enter via the Online Method of Entry, an Entrant must log in to their Overstock.com account and write a review on a product Entrant has purchased from Overstock.com found at www.overstock.com/myreviews.html, during the Promotional Period (“Entry”). Review must be at least twenty-five (25) characters long and comply with Overstock’s Customer Rating and Reviews Terms of Use located at https://www.overstock.com/87451/static.html in order to qualify for entry. Each qualifying review Entrant submits during the Promotional Period will count as one (1) Entry. Entrants are discouraged from including a link to any product on Overstock.com with their entry.
  2. Mail-In Method of Entry: To enter via the Mail-in Method of Entry, an Entrant must legibly write their full legal name, current mailing address, current active phone number (including area code), and current active email address on a postcard and mail the entry via first-class mail to: PO Box 995, Macedon, New York 14502-0995 during the Promotional Period. Each Mail-in Entry must be mailed separately. Sponsor is not responsible for late, lost, damaged, illegible or postage-due mail. To be eligible for the Sweepstakes, Entrant’s Mail-in Entry must be postmarked during the Promotional Period and received within the five (5) days following the Promotional Period.

An “hour” in this Sweepstakes begins at the top of an hour (i.e. 00 minutes and 00 seconds). Entrant may submit a total of five (5) entries during the Promotional Period. One prize per Entrant.

Sponsor reserves the right to remove any entries it deems inappropriate such as those that contain obscenity, racism, libel or disparagement of any person, group or people. Sponsor further reserves the right to remove any entries that violate the rights of a third party (e.g., trademark rights, copyright, rights of privacy or publicity); disparage or adversely affect the goodwill and business reputation of Sponsor or Prize Provider, or both; include personal information about the entrant or any third party; advocate illegal conduct, alcohol or drug use; or are irrelevant to the theme of the Sweepstakes. In all cases, in addition to removal of the entry, the individual submitting same will be disqualified from the Sweepstakes. All entries become the sole and exclusive property of Sponsor and will not be returned or cancelled. Any acknowledgment of receipt of entry does not constitute any representation of eligibility for the Sweepstakes or selection as a potential prize winner. Sponsor is not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, inaccessible, corrupted, interrupted, illegible or misdirected entries regardless of cause. 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, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes, 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. If a dispute occurs on entries submitted by multiple users having the same Pinterest account, the authorized subscriber of the email account associated with that Pinterest account at the actual time of the entry will be deemed the valid Entrant. The Authorized account subscriber is deemed the natural person assigned an email address by an Internet access provider, online service provider or other organization, which assigns email addresses, or the domain associated with the submitted email address and who uses that e-mail address to open an account. By submitting an entry, Entrant acknowledges and agrees Entrant’s information will be subject to a third party’s privacy policy.

DETERMINATION OF WINNER: Eight (8) potential winners will be randomly chosen by Sponsor from the pool of qualified Entrants within thirty (30) business days following the Promotional Period. Potential winner will be notified by either e-mail or phone, or any combination of the same. Non-winning Entrants will not be notified. Potential winner must respond to Sponsor’s notification, and complete all required forms and agreements, including verifications of eligibility to be deemed an “Official Winner.” If a potential winner: a) is ineligible under these Official Rules, b) fails to respond or complete the required forms within 10 calendar days of notification, c) the notification is returned to Sponsor as undeliverable; or (d) potential winner declines or cannot accept, receive or use the prize for any reason; the potential winner shall be disqualified, and Sponsor may, in its sole discretion, select an alternate potential winner using the same method. Prize will be awarded when the completed forms, agreements and verifications have been received and approved by Sponsor. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes or any part of it, with or without notice, but where notice is given, by giving such notice in any form and manner deemed appropriate by Sponsor, in which case, the Prizes will be awarded from all eligible entries previously received up to (or if applicable, after) the modification, suspension or termination date and under these Official Rules, if at all practicable.

PRIVACY: Entrant understands and agrees that Sponsor will collect certain personally identifying information in connection with the Sweepstakes. This information shall be handled under these Official Rules and Sponsor’s Privacy Policy, which may be accessed at help.overstock.com. In the event the Sweepstakes is administered/conducted by a third party, the personally identifying information may be subject to the privacy policy of said third parties. By entering, each Entrant consents to the receipt of promotional materials from Sponsor.

PUBLICITY: Where permitted by law and Sponsor’s Privacy Policy, winner agrees to grant to Sponsor and Sponsor’s licensees, affiliates and assigns, a release, that includes, but is not limited to, the right to print, publish, broadcast and use, worldwide, in perpetuity, in any media now known or developed, including but not limited to the world wide web the winner’s name, city and state of residence, image, portrait, picture, voice, likeness, testimonials, statements made by the winner, and biographical information as news or information and for advertising and promotional purposes without additional consideration. Further, without such additional compensation, the winner agrees to appear for, or provide biographical information for, any presentation or other activity which may include filming/audio/video/electronic or other recordings or interviews as determined by Sponsor. Failure to make such appearances or grant such rights may cause disqualification with an alternate potential winner selected from eligible entries previously received and under these Official Rules. Sponsor will bear such reasonable costs and expenses which Sponsor, in its discretion, deems appropriate for winner to appear for a presentation or other activity.

GENERAL CONDITIONS: Potential Winner must sign and return within 10 calendar days of notification, any documents sent by Sponsor related to the Sweepstakes, including but not limited to the Sweepstakes “Winner Agreement” which includes an “affirmation of eligibility,” a “publicity release” and a “waiver of liability.” If the potential 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. No potential winner will be declared an Official Winner until Sponsor has received the documents set forth in this section. By entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sweepstakes is sponsored and administered by Sponsor and is in no way sponsored, endorsed or administered by, or associated with any party other than Sponsor. Any reference to any product, service, or offering is not endorsed, sponsored or recommended by any party other than Sponsor.

If the Sweepstakes requires Entrant to submit photographs, images, video, text or other content (“Submitted Content”), Entrant affirms, represents, and warrants that Entrant (a) owns or has all necessary licenses, rights, consents, and permissions to use and hereby authorizes Sponsor and any third parties designated by Sponsor to use all intellectual property rights in and to the Submitted Content; and (b) Entrant has the written consent, release, or permission of each and every identifiable individual person in the Submitted Content to use the name and likeness of every such person in accordance with the intent or rules of the applicable Sweepstakes. Entrant further waives any moral rights he/she may have in the Submitted Content and agrees upon the request of Sponsor and any third parties designated by Sponsor (and without compensation) to sign any documents that may be required so as to confirm, perfect or effect the preceding grant of rights and waiver of moral rights in the Submitted Content. SUBMITTED CONTENT REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR PRIZE PROVIDER IN ANY MANNER.; AND, SPONSOR AND PRIZE PROVIDER EACH DISCLAIM ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME.

DISCLAIMER AND LIMITATION OF LIABILITY: IN NO EVENT WILL SPONSOR OR PRIZE PROVIDER BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES. THESE LIMITATIONS OR EXCLUSIONS DON’T APPLY WHERE PROHIBITED BY LAW.

INDEMNITY: By entering this Sweepstakes, each Entrant releases, defends, agrees to indemnify and holds harmless Sponsor, Prize Provider and their respective parent, subsidiary companies and their respective past and present employees¸ officers, directors, representatives, and agents, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes (“Indemnified Parties”) from and against any and all injury, loss, death, damage, action, claim, demand, expenses or other liability, that may occur from the following: a) from Entrant’s participation, entry, or inability to participate in the Sweepstakes b) from the acceptance, possession, use/or misuse of any prize awarded, (including any travel or attendance or activity related thereto) c) participation in any Sweepstakes-related activity, d) invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, or e) the broadcast, exploitation or use of entry. Winner’s acknowledge that all prizes are awarded as-is without warranty of any kind from Sponsor or Prize Provider.

DISPUTES: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Utah State Court located in Salt Lake City County, Utah; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.

SOCIAL MEDIA DISCLAIMER: THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR IN ASSOCIATION WITH PINTEREST, FACEBOOK, GOOGLE + OR TWITTER. ANY INFORMATION PROVIDED BY ENTRANT IS PROVIDED TO SPONSOR AND NOT TO PINTEREST, FACEBOOK, GOOGLE + OR TWITTER. BY ENTERING THE SWEEPSTAKES, ENTRANT RELEASES PINTEREST, FACEBOOK, GOOGLE + AND TWITTER FROM ANY AND ALL LIABILITY.

WINNERS’ LIST: You may request the winners’ list for the Sweepstakes after the end of the Promotional Period and for one year by mailing a self-addressed, stamped envelope to: Overstock.com, Inc., Sweepstakes, Attn: Legal, 799 W. Coliseum Way, Midvale, UT 84047. Write the name of the Sweepstakes on the bottom left corner of the envelope. Washington and Vermont residents may omit return postage when requesting the name of the prize winner.

SWEEPSTAKES CO-ADMINISTRATOR: Portions of the Sweepstakes will be administered by Wolff/SMG, Inc. (“Wolff/SMG”), 1641 Commons Parkway, Macedon, New York 14502. Wolff/SMG is not the supplier or guarantor of any prizes.