Spring Sewing 2016 Simplicity Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER, PLAY OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT'S CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS, AT THE TIME OF ENTRY, OF ANY ONE (1) OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA, WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND THE AGE OF MAJORITY IN THE STATE THAT HE OR SHE RESIDES. VOID IN ALL U.S. TERRITORIES AND POSSESSIONS (INCLUDING PUERTO RICO), AND WHERE PROHIBITED BY LAW.
INTERNET ACCESS REQUIRED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”).
EACH PRIZE WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN SEVEN (7) DAYS FROM DATE OF ISSUANCE OF THE ACCEPTANCE DOCUMENTS, AS MORE FULLY DETAILED BELOW.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS CONTRACT ALSO REQUIRES YOU TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Spring Sewing 2016 Simplicity Sweepstakes (the "Sweepstakes") is sponsored by Simplicity Creative Group. ("Sponsor").
The "Sweepstakes Period" begins on Monday, March 7, 2016 at 10:00:00 AM Central Time ("CT") and ends on Sunday, March 13, 2016 at 11:59:59 PM CT. Sponsor's clock is the Sweepstakes' official clock.
This Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States or District of Columbia who, at the time of entry, are eighteen years of age or older and the age of majority in the state that he or she resides. Void in Puerto Rico, all U.S. territories and possessions, and where prohibited by law.
The following individuals are not eligible to enter and their entries will not be considered: Employees, officers, directors, members, managers, representatives and agents of Sponsor or any of its parent companies, owners, subsidiaries, and affiliated companies, or any promotion, advertising, judging or public relations company doing business with any of the above, (collectively the "Released Parties"), or a member of the immediate family of such persons (defined as parent, children, siblings, spouse, or domestic partner regardless of where they live) or any individual living in the same household of such persons (whether related or not).
HOW TO ENTER THE SWEEPSTAKES
During the Sweepstakes Period, an eligible entrant ("Entrant") can enter the Sweepstakes by visiting Sponsor’s page on Facebook located at the URL www.facebook.com /simplicitypatterns (“Page”), logging into/creating his/her account on Facebook and posting a comment on the Page that mentions “how do you decide what to sew” (“Entrant Content”). Entrant Content must be in English. Without limiting any other rights granted under these Official Rules, each potential Prize Winner (defined below) authorizes and specifically grants to Sponsor the right to use his/her first name and last name and state on the Page and elsewhere as part of a congratulatory message if an Entrant is a potential Prize Winner. LIMIT ONE (1) ENTRY PER PERSON, PER EMAIL ADDRESS AND PER FACEBOOK ACCOUNT FOR THE ENTIRETY OF THE SWEEPSTAKES PERIOD. No more than one (1) prize will be awarded per household. Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Entries must be received during the Sweepstakes Period through the Page and in strict accordance with the instructions and restrictions on the Page and these Official Rules. An entry is received when submission of a comment with the required Entrant Content described above is actually recorded by the Page's servers. Other proof of submitting an entry (such as printed or copied screenshot of a comment made on the Page) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Your Entrant Content must remain visible to Sponsor for the duration of the Sweepstakes Period and through the award of the Prizes (described in the “How to Claim a Prize” section, below). If, prior to the award of the Prizes (defined below), your Entrant Content is removed (by you or by Facebook) or is otherwise not actually visible to Sponsor for any reason, you may not be entered into the Sweepstakes or may have your entry disqualified. The Released Parties are not responsible and will have no liability for any Entrant Content or other participation that is removed from Facebook for any reason at any time, including prior to being recorded by Sponsor as an entry into this Sweepstakes, and including removal by Facebook of content that would otherwise qualify as Entrant Content in response to such content being “flagged” or reported as inappropriate. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, incomprehensible, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Attempts made by an individual to submit entries in excess of the stated limit or otherwise in violation of these Official Rules, by using multiple Facebook accounts, false contact information, or otherwise, may be disqualified. Entries may not be made jointly or by any group and may only be made by an individual. Entries made by any other individual on your behalf, by you on behalf of another party, by any entity, or entries originating at any website other than through the Page, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules.
Entrant Content must meet all of the requirements in these Official Rules, including the following, or the associated entry may, in Sponsor’s sole discretion, be disqualified:
- Entrant content must not infringe, misappropriate, or violate the rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or right of privacy or publicity. Entrant Content must NOT contain any commercial or corporate advertising. Sponsor does not permit the infringement of others’ rights and any use of materials not originally created and solely owned by Entrant (or in the public domain) is grounds for disqualification from the Sweepstakes. For example, do not copy, depict, identify or include your favorite movie, cartoon character, television show, book or photo or include materials, images, graphics, or trademarks or copyrights belonging to third parties or incorporate names, likenesses or personas of any third party in your Entrant Content. Additionally, Entrant Content may not contain brand names, trademarks or company logos, except for those of Sponsor.
- Entrant Content must not include material that, in Sponsor’s sole discretion, (a) is sexually explicit, indecent, obscene, unnecessarily violent, hateful, defamatory, slanderous or libelous; (b) is derogatory, designed to harass or promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) invades the privacy or publicity rights of any person, living or deceased; (d) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill that Sponsor has worked hard to create and wishes to associate with their company; (e) is false, fraudulent, deceptive, misleading; and/or (f) is injurious to any individual, any Released Party, or any third party.
- Entrant Content must not create or imply any association between Sponsor and any individual, entity or anyone else or his, her, or its products or services.
- Entrant Content must be unpublished and not have been submitted in any other contest, sweepstakes, or promotion.
- Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate federal, state, or local laws, rules or regulations.
- Entrant Content must be suitable for presentation in a public forum.
- Entrant Content must not suggest, depict or describe any inappropriate, unlawful or dangerous behavior or use of Sponsor’s or any other products or services.
- You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content will not violate any agreement to which you are a signatory or party.
- You agree to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content.
RANDOM SWEEPSTAKES DRAWING
Following the close of the Sweepstakes Period, Sponsor will conduct a random drawing from among all eligible entries received during the Sweepstakes Period. The drawing will be conducted within approximately five (5) business days after the close of the Sweepstakes Period. A total of three (3) potential winners will be selected during the drawing. (Each Entrant selected in the drawing is a potential "Prize Winner.")
All potential Prize Winners will be subject to verification of eligibility and compliance with these Official Rules by Sponsor. Decisions of the Sponsor are final on all matters relating to the Sweepstakes, including interpretation of these Official Rules, determination of the winners, and awarding of the prizes.
If properly claimed, each of the three (3) Prize Winners will receive a prize package consisting solely of the following (each a 'Prize"): Simplicity Patterns 8085, 8091, and 8107.
ARV of each Prize: $58.85. Total ARV of all Prizes available in this Sweepstakes: $176.55.
ODDS OF WINNING
The odds of winning a Prize will depend on the total number of eligible entries received.
HOW TO CLAIM A PRIZE
Within approximately ten (10) business days of the drawing, Sponsor will attempt to notify potential Prize Winners via Facebook message, by posting notice on the Page, by commenting on the potentially winning Entrant Content, or any combination of the above. The potential Prize Winner must respond to the Sponsor as directed in his or her notification within fourteen (14) calendar days and provide Sponsor with the information request in Sponsor’s notification, which may include, without limitation, his/her name, email address, telephone number, complete street address (P.O. Boxes not allowed), and date of birth. Each potential Prize Winner may, in the discretion of Sponsor, be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) (collectively, "Prize Winner Documents") within the time frame specified and in the form provided by Sponsor, without revision, or Prize may be forfeited. The Prize Winner Documents, if applicable, must be
received by Sponsor within seven (7) days of the date they are sent to the potential Prize Winner (or other time frame as stated on the Prize Winner Documents), or Prize may be forfeited and an alternate winner may be selected. If any Prize, Prize notification, or other Sweepstakes-related communication is rejected, faulty, or returned as undeliverable, or if a selected potential Prize Winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected potential winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor's sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Prize Winner. The Prize claim and Prize Winner Documents are subject to verification by Sponsor. The Prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than five (5) alternate winners (time permitting) for any Prize for any reason, in which case the applicable Prize may go unawarded.
LIMITATION OF LIABILITY; ADDITIONAL DISCLAIMERS AND RELEASES; NO WARRANTY
In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more potential Prize Winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the Prize Winners. If, for any reason, an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed, corrupted, or for any other reason not accepted as an entry into the Sweepstakes, the Entrant's sole remedy is to submit another eligible and complete entry into the Sweepstakes during the Sweepstakes Period. If, for any reason, the Sweepstakes is not capable of running as planned, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at their sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of Prize Winners, in a manner they deem fair and reasonable, including the selection of winners from among eligible non-suspect entries received prior to such cancellation, termination, modification or suspension. Released Parties are not responsible for any changes to or unavailability of the Facebook platform that may interfere with the Sweepstakes (including any limitations, restrictions, or conditions placed upon Sponsor's ability to use the Facebook platform for the Sweepstakes that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Released Parties shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES: (i) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND DECISIONS OF SPONSOR WHICH SHALL BE BINDING AND FINAL; (ii) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE OFFICIAL RULES; AND (iii) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEYS' FEES) THAT MAY ARISE IN CONNECTION WITH: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the Entrant's entry, participation or inability to participate in the Sweepstakes, (b) the violation of any third party privacy, personal, publicity or proprietary rights that result from Entrant's participation in the Sweepstakes, (c) typographical errors in these Official Rules or any Sweepstakes materials (including but not limited to point of sale, television, print advertising, promotional packaging, creative assets, editorial posts and other promotion media), (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), (e) any change in the prizing (or any components thereof) for any reason, including due to unavailability or any failure to supply a Prize for reasons beyond Sponsor's sole control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control or other force majeure event, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the Entrant Content) or any other Sweepstakes-related correspondence, (i) any technical malfunctions or unavailability of the Page, other Sweepstakes-related web pages, or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor or by an Entrant, (j) interruption or inability to access the Sweepstakes, the Page or any other Sweepstakes-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, unintelligible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, postage-due, or damaged entries or other Sweepstakes-related correspondence, (n) any wrongful, negligent, or unauthorized act or omission on the part of a Released Party, (q) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (r) the collection, use and/or sharing of Entrant's personally identifiable information by Sponsor, or their designees in accordance with these Official Rules, (s) negligence or willful misconduct by Entrant or (t) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind (including, without limitation, Facebook messages from Sponsor that are segregated into the “Other” folder of Entrant’s Facebook message inbox), or insufficient space in Entrant’s e-mail account or Facebook inbox to receive messages. Sponsor is not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT TO THE DEBTOR.”
EACH PRIZE WINNER AGREES THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. THE REMEDY FOR ANY CLAIM BROUGHT BY AN ENTRANT IN THIS SWEEPSTAKES SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10 US), AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
Except where prohibited by law, any and all disputes, claims, and causes of action between an Entrant and any Released Party arising out of or connected with this Sweepstakes or any Prize awarded, or the determination of a Prize Winner, must be resolved individually, without resort to any form of class action or class-wide arbitration. Except for disputes where a Released Party is seeking a preliminary injunction, any and all disputes and claims relating to this Sweepstakes must be resolved by submission to individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association and, by entering the Sweepstakes, all Entrants expressly waive the right to trial by jury. The arbitration must be conducted in Cook County, Illinois, in the English language, and before three arbitrators appointed in accordance with the Commercial Arbitration Rules. Each party agrees to and will pay one-half of the costs of the arbitration, and Entrant will be responsible for his or her own attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive, exemplary, consequential or incidental damages. Any dispute, claims, and arbitration proceedings must at all times be kept confidential, except to the extent necessary to enforce or collect the arbitration award or except as the parties agree in writing. Each Entrant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules must be filed only in the state or federal courts located in Cook County, Illinois, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
By accepting a Prize, Prize Winner grants to Sponsor and Sponsor's designees the perpetual, irrevocable, sublicensable right to use, publish, and display his/her name, biographical information, photos and/or likeness, any statements attributable to such Prize Winner (including his/her Entrant Content), and any other indicia of persona for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
If any provision of these Official Rules is held unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS THE WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNERS LIST.
WINNER'S LIST/OFFICIAL RULES
For a list of prize winners, individuals should print their name and address on a 3"x 5" card, and mail the card and a self-addressed, stamped return envelope in an envelope (first-class, postage-paid) to: Simplicity Digital Marketing, Spring Sewing 2016 Simplicity Sweepstakes, 7125 Janes Ave., Suite 100, Woodridge, IL 60517. Requests for winner information must be received no later than three (3) months after the Sweepstakes Period. Sponsored by Simplicity Creative Group, 261 Madison Avenue, New York, NY 10016.
Facebook is neither affiliated with nor a sponsor of this Sweepstakes.