Lovelist - July 2020
Lovelist Sweepstakes Official Rules
LOVELIST SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. VOID WHERE PROHIBITED. MODCLOTH.COM ACCOUNT REQUIRED TO PARTICIPATE.
1. SPONSOR: The Lovelist Sweepstakes (“Sweepstakes”) is sponsored by ModCloth Holdings, LLC, dba ModCloth, 2250 Roswell Drive, Pittsburgh, PA 15205 (“Sponsor” or “ModCloth”).
2. ELIGIBILITY: To enter the Sweepstakes, you must, as of the start of the Sweepstakes Period (defined below), (i) be a legal resident of the 50 United States or the District of Columbia, (ii) be age 18 or over, and (iii) have Internet access. Employees, officers and directors of Sponsor, its advertising and promotion agencies, and its respective parent companies, affiliates, franchisees, subsidiaries and agencies, and their immediate families (parents, siblings, children and spouses of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors, are ineligible to participate in this Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and is void where prohibited.
3. SWEEPSTAKES PERIOD: Entries must be submitted between 4PM Eastern Time (“ET”) on July 1st, 2020, and 11:59 PM ET on July 21st, 2020 (“Sweepstakes Period”). Sponsor’s computer, or that of its designee, shall serve as the official timekeeper for the Sweepstakes.
4. HOW TO ENTER: To enter the Sweepstakes, log in to your ModCloth online account at www.modcloth.com and add a product to your ModCloth “Lovelist”. Adding a product to your Lovelist requires a ModCloth online account. Purchasing a product is not required to add a product to your love list or to enter the Sweepstakes. To create a free account, go to www.modcloth.com, click on “Join,” enter the required information in the provided fields, and follow the relevant prompts. Select the heart below the appropriate product tagging it as part of your “Lovelist”.
Limit one entry per person. Entries must be received during the Sweepstakes Period to be eligible. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification. In case of dispute, entries will be declared made by the authorized account holder (as of the time of entry) of the of the relevant email address associated with the Modcloth online account used to submit the entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor will not verify receipt of entries. Entries become property of Sponsor and will not be returned.
5. SELECTION AND NOTIFICATION OF THE PRIZE WINNER: Sponsor or its designee will conduct a random drawing within approximately fourty-eight (48) hours of the end of the Sweepstakes Period to select one (1) potential winner from among all eligible entries received during the Sweepstakes Period. The potential winner will be notified via email[A3]. Potential winner must respond to such email with any requested information within 24 hours or the prize will be forfeited [A4] and may be awarded to an alternate winner.
Except where prohibited by law, potential winners must complete an Affidavit of Eligibility and Liability and Publicity Release (“Affidavit”) in accordance with the instructions listed in the prize notification correspondence. If a potential winner fails to provide the Affidavit within the required period of time, Sponsor may, in its sole discretion, disqualify potential winner and select an alternate potential winner. Non-compliance with these Official Rules, failure to return all required documentation by the stated deadline or Sponsor’s inability to contact a potential winner, as determined in Sponsor’s sole discretion, may result in disqualification. NOTE: Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete.
6. PRIZE AND APPROXIMATE RETAIL VALUES (“ARV”): One (1) prize winner will receive a $200 ModCloth gift card. Odds of winning the prize depend on the number of eligible entries received during the Sweepstakes Period. No transfer, substitution or cash equivalent for prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if the prize or any portion of the prize cannot be awarded, in whole or in part, as described for any reason. Actual prize may differ from any promotional images. Prize winner is responsible for all federal, state, or local taxes associated with prize acceptance.
7. DISQUALIFICATION: If an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then such entrant will be disqualified. If a prize, prize documentation or prize notification is returned as undeliverable or unclaimed, this will result in disqualification. In the event a potential winner is deemed ineligible or disqualified for any reason under the provisions of the Official Rules, then an alternate potential winner may be selected via a random drawing from among all eligible entries received during the Sweepstakes Period, if time permits.
9. INTELLECTUAL PROPERTY RIGHTS: By submitting any content in connection with the Sweepstakes and/or accepting a prize, participants grant to the Sponsor the right, without limitation, to use the recipient’s name, city, state, likeness, photo, and/or entry (as applicable) for promotional, advertising or other purposes, in any media now known or hereinafter developed, including, but not limited to, on Sponsor’s website(s) and/or social media account(s).
10. SWEEPSTAKES CONDITIONS: By entering, each entrant agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules or any other documents required by Sponsor herein, (b) to indemnify, defend and hold harmless Sponsor and its respective employees, officers, directors, shareholders, representatives, agents, parent companies, affiliates, franchisees, subsidiaries and agencies (collectively, “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to any statement, action or failure to act by entrant during or in connection with his/her participation herein and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and, (c) not to sue and to hereby irrevocably and unconditionally release, discharge and hold harmless the Released Parties from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm, resulting in whole or in part, directly or indirectly, from (i) participation in the Sweepstakes or any Sweepstakes related activity, (ii) the acceptance, possession, misuse or use of the prize, (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the participant’s entry, name, address [city and state], biographical information, statements, voice, photograph, and/or other likeness), (iv) any malfunction or other problem with any Sweepstakes website or webpage, (v) any error in the collection or retention of entry information, and (vi) any typographical or other error in the printing, offering or announcement of any prize.
11. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for lost, late, stolen, deleted, misdirected, undeliverable or incomplete entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate. Proof of transmission does not constitute proof of entry. The Released Parties are also not responsible for any malfunction of any Sweepstakes website or webpage or error in the collection, processing or retention of entry information.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, 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.
12. TERMINATION/SUSPENSION/MODIFICATION OF SWEEPSTAKES: If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to terminate, modify or suspend the Sweepstakes and to select the winner by conducting a random drawing from those eligible entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. DISPUTES: The Sweepstakes is governed by the laws of California, without regard to the conflicts of law provisions. All disputes, claims or demands that relate to these Official Rules will first be brought to the attention of the other party and will be resolved individually, without resort to any form of class action. The receiving party shall have sixty (60) days from the date of such notice to remedy the described breach or violation and notify the complaining party in writing of the resolution. If the dispute, claim or demand is not resolved to the satisfaction of the complainant within 60 days, the complainant may request an informal resolution conference (mediation), which if agreed to by the other party will be scheduled to occur within 21 days of the written response. Each party shall have the right to be represented at such a conference by counsel and will ensure that a decision-maker with full and complete authority to resolve the dispute attends the conference. Such conference will be in front of a third party mediator chosen by the parties. If the parties do not agree to conference or are unable to resolve a dispute after such a conference, the parties agree that exclusive jurisdiction for any dispute, claim or demand related in any way to these Official Rules will be decided by binding arbitration. All disputes between the parties, of whatsoever kind or nature arising out of these Official Rules, shall be submitted to JAMS for binding arbitration under its applicable rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
14. WINNERS LIST: For the name of the prize recipient, please contact Sponsor at email@example.com by no later than November 1, 2020.