JOIE MOTHER'S DAY SWEEPSTAKES RULES
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
COMMON TERMS USED IN THESE RULES: RULES: These are the Official Rules that govern how "Joie Mother's Day Sweepstakes" promotion will operate. This promotion will be simply referred to as the "Sweepstakes" throughout the rest of these rules.
In these rules, "Sponsor," "Joie" "we," "our," and "us" refer to Dutch, LLC. "You" refers to an eligible Sweepstakes entrant.
WHAT ARE THE START AND END DATES?
This Sweepstakes begins at April 4, 2016 at 12 PM EST and ends on April 17, 2016 at 12 PM EST ("Entry Period").
CAN I ENTER?
You are eligible to enter this Sweepstakes if you meet the following requirements at time of entry:
- You are a legal resident of the 50 United States and District of Columbia, and are 18 years of age or older.
- If you are 18 years of age or older, but are considered a minor in your place of residence, you should ask your parent's or legal guardian's permission prior to submitting an entry into this Sweepstakes; and
- You are NOT NOT an employee of Sponsor or an employee of Sponsor's parent, affiliate subsidiary; and
- You are NOT involved in any part of the administration and execution of this Sweepstakes; and
- You are NOT NOT an immediate family (parent, sibling, spouse, child) or household member one of Sponsor's employees, an employee of Sponsor's parent, affiliate or subsidiary, or a person involved in any part of the administration and execution of this Sweepstakes (together with Sponsor, collectively the "Sweepstakes Entities").
This Sweepstakes is subject to all applicable federal, state, provincial, municipal, territorial and locals laws and regulations and is void outside of the geographic area described above and wherever else prohibited by law.
HOW DO I ENTER?
You can enter online or in-store at any of our full-price boutiques during the Entry period to be eligible:
Step 1: Visit the official Joie Mother's Day Sweepstakes page at http://www.joie.com/mothers-day-sweepstakes.
Step 2: Enter the required fields (first and last name and email address) on the page, agree to the Official Rules and press "Submit" in order to submit your entry.
Step 1: Visit any of our full-price Joie boutiques. For a full list, see http://www.joie.com/boutiques.
Step 2: Fill out the Sweepstakes form, must complete all fields, agree to the Official Rules, and submit to a retail team member.
We are not responsible for entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.
Limit: One (1) entry per person during the Entry Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registration and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. We are not responsible for entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.
We will automatically disqualify:
- Any incomplete or illegible entry; and
- Any entries that we receive from you that are in excess of the entry limit described above.
WINNER SELECTION AND PRIZES
At the end of the Sweepstakes entry period, thirteen (13) winners from among all eligible entries received (one from all online entries and one from each of Joie's twelve full price retail boutiques) will be selected at random to win a personalized 8X10 illustration by Martha Napier. Each illustration shall have an Approximate Retail Value ("ARV") of $350 (each illustration a "Prize"). The total ARV of the Prizes awarded through the Sweepstakes is $ 4550. Each entrant is only eligible to win one (1) Prize during the Entry Period. Prize will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsor, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. Prize winner is solely responsible for the Prize upon receipt and the Prize will not be replaced if lost.
If you are a potential winner, you will be notified on or around the Monday following the entry period, April 18, 2016, via email. Following notification and verification of eligibility (including but not limited to timely receipt of an executed Affidavit of Eligibility, Liability/Publicity Release as detailed below), each winner will submit a photograph of his or her choosing to Sponsor by April 22nd, and Martha Napier shall illustrate the submitted photograph. If a winner does not submit a photograph by April 22nd, Sponsor may consider such prize forfeited and select an alternate winner. Sponsor and Martha Napier will use commercially reasonable efforts to deliver prizes to winners by May 6th, 2016. Please be aware that the number of people or objects in your photograph will affect how long it will take the artist to execute a prize, which may extend the prize delivery time frame. The photograph winners submit must not depict, and cannot themselves, be a violation of any law or regulation. Photos must not contain any of the following: obscene, profane, pornographic, provocative, defamatory, sexually explicit, unnecessarily violent or derogatory, or otherwise objectionable or inappropriate content. Photos cannot contain trademarks or logos of any brand, or contain any personal identification, such as license plate numbers, personal names, email or street address or other personally identifying information. Each winner warrants and represents that the photograph submitted is the original work of the entrant or that the entrant has obtained all the necessary rights from the photographer to submit the photograph. Each winner grants to Sponsor and Martha Napier the irrevocable perpetual nonexclusive, royalty-free, worldwide license to reproduce, distribute, display and create derivative works of the photograph such winner submits.
If there is a dispute as to who is the potential winner, we will consider the potential winner to be the authorized account holder used to enter the Sweepstakes. If you are a potential winner, we may require you to sign an Affidavit of Eligibility, Liability/Publicity Release and W9 within ten (10) days of notification. If you are unreachable or do not complete the required forms as instructed and/or return the required forms within the time period listed on the winner notification message, we may disqualify you and select an alternate, randomly selected winner.
If you are confirmed as a winner of this Sweepstakes:
Prize is subject to all terms and conditions set by Sponsor. You may not exchange your prize for cash or any other services. However, if for any reason the advertised prize is unavailable, we reserve the right to substitute a prize of equal or greater value;and
You may not designate someone else as the winner. If you are unable or unwilling to accept your prize, we will award it to an alternate potential winner; and
If you accept a prize, you will be solely responsible for all applicable taxes and any other costs and expenses associated with prize acceptance and use of the prize not specified herein as being provided related to accepting the prize.
WHAT ARE YOUR ODDS OF WINNING?
Your odds of winning this Sweepstakes depend on the number of total entries.
WHAT OTHER CONDITIONS ARE YOU AGREEING TO BY ENTERING THIS SWEEPSTAKES?
By entering this Sweepstakes each entrant represents and warrants that he or she:
- Has read, understands and will abide by these Official Rules; and
- Is a legal resident of the fifty United States or the District of Columbia; and
- Is at the time of entry, at least of the age specified in these Official Rules; and
- Releases and holds harmless the Sweepstakes Entities, and their respective employees and agents from any and all liability or any injury, loss or damage of any kind arising from or in connection with this Sweepstakes or any prize won; and
- Agrees that Sponsor's decisions will be final and binding on all matters related to this Sweepstakes;and
- Agrees that by accepting a prize, Sponsor may use your proper name and state of residence online and in print, or in any other media, in connection with this Sweepstakes, without payment or compensation to you, except where prohibited by law;and
- Has the right to agree to and fully perform consistent with these Official Rules and no consent of any third parties is required to grant the rights hereunder.
LIMITATIONS OF LIABILITY AND RELEASE
The Sponsor is not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damages to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, the Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in the Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
By receiving any prize, winners agree to release and hold harmless the Sponsor, the Sweepstakes Entities, and their respective parents, subsidiaries, affiliates, suppliers, distributor, advertising/promotion agencies and prize suppliers and each of their respective parent companies and each such company's officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes, or receipt or use or misuse of any prize.
WHAT LAWS GOVERN THE WAY THIS SWEEPSTAKES IS EXECUTED AND ADMINISTERED?
By participating in this Sweepstakes each entrant agrees that any claim, dispute, or controversy (whether in contract, tort, or otherwise) entrant may have against the Sponsor and the Sweepstakes Entities arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§1-16. The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for entrant), or at such other location as may be mutually agreed by the entrant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes. The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. THERE SHALL BE NO AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS, ARBITRATION CAN DECIDE ONLY THE ENTRANT'S AND/OR SPONSOR'S INDIVIDUAL CLAIMS; THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. The entrant and Sponsor shall be entitled to recover punitive, incidental and/or consequential damages to the extent permitted by law. In the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the entrant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the entrant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. With the exception of the bolded section of this provision, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the bolded language is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor entrant shall be entitled to arbitrate their dispute.
WHAT RULES GOVERN ENTRANT'S PERSONAL INFORMATION?
WHAT IF SOMETHING UNEXPECTED HAPPENS AND THE SWEEPSTAKES CAN'T RUN PLANNED?
If cheating, a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled, (also referred to as force majeure) affects the fairness and/or integrity of this Sweepstakes, the Sponsors reserve the right to cancel, change or suspend this Sweepstakes. This right is reserved whether the event is due to human or technical error. If a solution cannot be found to restore the integrity of the Sweepstakes, the Sponsors reserve the right to select winners from among all eligible entries received before cancelling, changing or suspending the Sweepstakes.
If you attempt to compromise the integrity or the legitimate operation of this Sweepstakes by hacking or by cheating or committing fraud in ANY way, we may seek damages from you to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Sweepstakes, so please play fairly.
HOW CAN YOU FIND OUT WHO WON?
To retrieve the list of winners after April 18th, 2016, please send a self-addressed, stamped envelope within ninety (90) days following the Entry Period to "Dutch, LLC, Attn: Joie Mother's Day Sweepstakes Winner Information, Marketing Director, 5301 S. Santa Fe Avenue, Vernon, CA 90058
WHO IS SPONSORING THIS SWEEPSTAKES?
5301 S. Santa Fe Ave
Vernon, California 90058
The invalidity or unenforceability of any provision of these Official Rules or the Affidavit of Eligibility/Release of Liability will not affect the validity or enforceability of any other provision. In the event that any provision of the foregoing is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience.