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1.
ELIGIBILITY
Sweepstakes is offered only in the United States and its territories to
legal United States residents at least 18 years old. By entering, you
agree to these Official Rules, which are final and binding in all
respects.
2. PROMOTIONAL PERIOD
Promotional period begins on 1/15/04 at 7:00 a.m. Pacific Time (PT), and
ends on 12/31/04 at 11:59:59 p.m. PT ("Promotional Period"). At
the end of the Promotional Period and subject to the
number of eligible entries received
there will be a Prize drawing.
3. ENTRY
There are two ways to enter: the Internet Method through Winsome Gifts
eStore order and the Custom Order methods:
(a) eStore Method: To enter by this Method just complete your order
through Winsome Gifts eStore order ordering system and the name used on
the credit card will be entered into our database for the final drawing
(b) Custom Order Method: To enter by this Method complete your
custom order request through Winsome Gifts Custom Order page; then
complete your payment through eStore ordering system and the name used
on the credit card will be entered into our database for the final
drawing
(c)
If you will have more than one order your name will be entered as many
times as you will complete an order.
4. DRAWING
All winners for any drawing will be selected by random drawing from all
eligible entries received for that drawing. There will be one drawing
for each Promotional Period from all eligible entries received by that
day (subject to the amount of eligible entries). Winners of any drawing
will be notified by email. Subject to this Official Rules drawing for
the Prize will take place on or about 1/15/05.
5. PRIZE/ODDS
There
will be one Prize awarded for the entire Promotional Period. The Prize
is one Five Hundred Dollars ($500) paid by the check in the name of the
winner. Odds of winning in any drawing depend on the number of
eligible entries received for that drawing but will not exceed 1:500. No
assignment, transfer or substitution of prize is permitted. Taxes are
the sole responsibility of winner.
6. GENERAL CONDITIONS
Winsome Gifts 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 or web site; to be
in violation of the Terms of Service of the web site, to be acting in
violation of the Official Rules; or to be acting in a non-sportsmanlike
or disruptive manner, or with intent to annoy, abuse, threaten or harass
any other person. Any use of robotic, automatic, macro, programmed or
like entry methods will void all such entries by such methods. In the
event of a dispute as to entries submitted by multiple users having the
same account name, the authorized subscriber of the credit card account
used to enter the Sweepstakes at the actual time of entry will be deemed
to be the participant and must comply with these rules. Authorized
account subscriber is deemed to be the natural person who is assigned an
email address by an Internet access provider, on line service provider
or other organization which is responsible for assigning email addresses
or the domain associated with the submitted credit card information.
Winsome Gifts will prosecute any fraudulent activities to the full
extent of the law.
7. LIMITATIONS OF LIABILITY
Winsome Gifts is not responsible for any incorrect or inaccurate
information, whether caused by web site users, or tampering or hacking,
or by any of the equipment or programming associated with or utilized in
the Sweepstakes and assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to the web site. Winsome Gifts is not responsible for injury or damage
to participants' or to any other person's computer related to or
resulting from participating in this Sweepstakes or downloading
materials from or use of the web site. If, for any reason, the
Sweepstakes is not capable of running as planned by reason of infection
by computer virus, worms, bugs, tampering, unauthorized intervention,
fraud, technical failures, or any other causes which, in the sole
opinion of Winsome Gifts, could corrupt or affect the administration,
security, fairness, integrity or proper conduct of this Sweepstakes,
Winsome Gifts reserves the right at its sole discretion to cancel,
terminate, modify or suspend the Internet portion of this Sweepstakes
for any drawing and select the winner from Internet entries received for
that drawing prior to the action taken. IN NO EVENT WILL Winsome Gifts
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND
AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND,
INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE
www.winsomegifts.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL
DOWNLOADED FROM SAID SITE. 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY
RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. DISPUTES
As a condition of participating in this Promotion, participant agrees
that any and all disputes which cannot be resolved between the parties,
and causes of action arising out of or connected with this Promotion,
shall be resolved individually, without resort to any form of class
action, exclusively, before a court located in the City of Escondido
having competent jurisdiction, which Court shall apply the laws of the
State of California without regard for doctrines of Conflict of Law.
Further, in any such dispute, under no circumstances will participant be
permitted to obtain awards for, and hereby waives all rights to claim
punitive, incidental or consequential damages, or any other damages,
including attorneys' fees, other than participant's actual out-of-pocket
expenses (i.e., costs associated with entering this Promotion), and
participant further waives all rights to have damages multiplied or
increased.
Contact
sweepstakes@winsomegifts.com
with questions or problems with this service. |
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