DESIGNER APPAREL PURSE/GIFT CARD GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: Designer Apparel's Purse/Gift Card Giveaway contest (the "Contest") is open to legal residents of the United States who are 18 years or older at the time of entry. Employees of Design Apparel Commerce, LLC or any of its affiliates, sponsors, advertising and promotion agencies and members of the immediate family (parent, child, sibling and spouses) and of the household in which all such persons are domiciled are not eligible to enter.
PRIZES; ODDS: The Contest prize (the "Prize") is, at the winner's election, either a Marc Jacobs handbag or a $1,000 gift card useable at one of Designer Apparel's major partners. The Prize is non-transferable, non-exchangeable and cannot be redeemed for cash. The odds of winning the Prize depend upon the number of valid entries received during the Contest Period as set forth below.
HOW TO ENTER: To enter the Contest, go to the My Sale page at www.designerapparel.com and complete all required information necessary to "Build Your Sale" and register for the Contest. As part of the registration process you will also be asked to acknowledge your acceptance and consent to be bound by these Official Rules, and you may be asked to consent to receive promotional e-mails from Designer Apparel or its promotional partners. Consenting to receive promotional e-mails is optional, does not have to be agreed to in order to be eligible to enter the Contest (you may opt out), and does not improve your chances of winning. Building your sale and properly registering for the Contest will constitute your "entry" in the Contest pursuant to these Official Rules. Each entrant is limited to only one entry regardless of how many sales are built. If more than one entry is submitted, i.e., you build more than one sale, only the first entry will be accepted.
ADDITIONAL DEEMED ENTRIES: Once you have completed your entry by building your sale and registering for the Contest, you will be given the opportunity to invite as many friends as you desire to build their own sale by providing their email addresses where applicable. Provided a given email address is accurate and not on Designer Apparel's "opt-out" list, each of designated friends will receive an email, and you will be deemed to have made two additional entries in the Contest for each of those friends who clicks on the link in the email and builds their own sale during the Contest Period by filling out all the required fields with accurate information. Please note that while you may receive an unlimited number of additional entries by inviting friends who build their own sale and properly register for the Contest, you may only receive one entry for building a sale yourself, even if you build multiple sales. Please note that invitations and additional sales may not be created in an automated manner, including but not limited to through the use of "scripts" or "robots." Please note that inviting multiple email addresses from the same person would render the entry invalid. Designer Apparel Commerce has the sole discretion in determining whether an entry is eligible and valid.
ENTRY PERIOD: To be eligible, your entry must be received between 8:00:00 a.m. (PST) on December 1, 2009 and 11:59:59 p.m. (PST) on June 30, 2010 (the "Contest Period"). The sole determinant of time for the purposes of receipt of a valid online entry in the Contest will be the contest server(s).
SELECTION OF WINNER: The winner of the Prize will be selected by a representative of Designer Apparel in a random drawing from the pool of all eligible entries received during the Contest Period. Entrants do not have to be present at the draw in order to qualify to win. The winner of the Prize will be contacted via e-mail. The selection of the winner by Designer Apparel shall be final and incontestable by anyone.
CLAIMING THE PRIZES: The selected winner of the Prize is responsible for all applicable taxes and must sign an affidavit of eligibility and compliance with rules/release, and all other applicable forms required by Designer Apparel within ten (10) business days of receiving email notification that he/she has won the Prize. If the selected winner cannot be contacted, is ineligible, or fails to claim the Prize or fails to return a completed and executed affidavit as required with the 10 business day period referenced above, the Prize will be awarded to another eligible entrant pursuant to another random drawing. By accepting the Prize, the winner consents to Designer Apparel's use of his/her name, likeness and statements made by or attributed to the winner in perpetuity, in any and all media now known or hereafter developed for all business purposes without additional compensation unless prohibited by law.
PRIVACY: In the administration of the Contest, Designer Apparel will be collecting personal information about each entrant, which Designer Apparel will use in accordance with its privacy policy, which can be found at www.designerapparel.com/privacy.php. By participating in the Contest, you agree to Designer Apparel's collection and usage of your personal information and acknowledge that you have read and accepted Designer Apparel's privacy policy.
RELEASE; LIMITATION OF LIABILITY: By entering the Contest, you agree to release and hold harmless Designer Apparel, its parent, subsidiary and affiliated companies, respective subsidiaries, managers, members, officers, employees and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Contest or acceptance or use of the Prize or any of the apparel or other items purchased with the Gift Card, if applicble. By entering the Contest, you also agree to fully indemnify Designer Apparel and its parent, subsidiary and affiliated companies, respective subsidiaries, managers, members, officers, employees and agents and hold each of them harmless from any and all claims costs, losses, or damages of any kind arising out of or in connection with the Contest, including any use of the Prize, by any third parties.
Designer Apparel and its agents are not responsible for: (a) any problems or technical malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail entry to be received by Designer Apparel on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, including any injury or damage to an entrant's or any other person's computer, related to or resulting from playing or downloading materials in this promotion; (b) any incomplete or inaccurate information, whether caused by the website users or by any equipment of programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of entries; or (c) the theft, destruction or unauthorized access to, or alteration of, entries or the website.
ADDITIONAL TERMS AND CONDITIONS: Designer Apparel cannot assume responsibility for incomplete, late, lost or misdirected entries. Any entry that fails to include all the information required will be disqualified. All entries become the property of Designer Apparel and no entries will be acknowledged or returned. No mechanical production of any kind will be accepted.
In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. All entries must be submitted from a valid e-mail account that may be identified by reverse domain name search.
Designer Apparel cannot be responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify the winner. The winner will be required to complete and return an affidavit of eligibility and a publicity/liability release within 10 business days of responding to the notification. The winner must consent to the use of his/her name and likeness for publicity and commercial purposes without further compensation, unless prohibited by law.
Each prize must be fully redeemed within one year from the date it is awarded. Designer Apparel makes no representations or warranties concerning the appearance, safety or performance of any of the apparel or other items purchased with the Grand Prize. Some additional restrictions may apply.
By entering the Contest, participants agree to be bound by the terms of these Official Rules and by the decisions of Designer Apparel, which are final and binding in all respects and on all matters pertaining to this promotion. In addition, participants agree to be bound by the Terms and Conditions for using the designerapparel.com website.
Any attempt to deliberately damage any website or to undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt be made, Designer Apparel reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Designer Apparel reserves the right in its sole discretion to disqualify any individual who tampers with the entry process.
RIGHT TO CANCEL CONTEST: Designer Apparel reserves the right, in its sole discretion, to cancel, modify, terminate or suspend the Contest if, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Designer Apparel or any promotional partner that corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest.
NAME OF WINNER: The name of the Contest winners may be obtained by sending a self-addressed, stamped envelope to: Designer Apparel Shopping Spree Contest, 300 Brannan St, Ste 605, San Francisco, CA 94107.
Choice of Law; DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Designer Apparel Commerce, LLC in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, without regard to conflict of law principles. Each participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in California, and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees.
DESIGNER APPAREL GIFT CARD INCENTIVE PROGRAM RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: Designer Apparel's Gift Card Give Away incentive programs (the "Incentive Programs") are open to legal residents of the United States who are 18 years or older at the time of participation. Employees of Design Apparel Commerce, LLC or any of its affiliates, sponsors, advertising and promotion agencies and members of the immediate family (parent, child, sibling and spouses) and of the household in which all such persons are domiciled are not eligible to participate.
HOW TO RECEIVE A GIFT CARD: From time to time in its discretion, Designer Apparel may offer gift cards with $10-15 in value ("Gift Cards") as an incentive for Designer Apparel members to invite other individual to join as new members. In order to participate in a given Incentive Program, go to the My Sale page at www.designerapparel.com and complete all required information necessary to "Build Your Sale" and register for the applicable Incentive Program. As part of the registration process you will also be asked to acknowledge your acceptance and consent to be bound by these Incentive Program Rules, and you may be asked to consent to receive promotional e-mails from Designer Apparel or its promotional partners. Consenting to receive promotional e-mails is optional, does not have to be agreed to in order to be eligible to participate in the Incentive Program (you may opt out). Building your sale and properly registering for the applicable Incentive Program is all that is necessary.
Once you have built your sale and registering for the applicable Incentive Program, you will be given the opportunity to invite as many friends as you desire to build their own sale by providing their email addresses where applicable. Provided a given email address is accurate and not on Designer Apparel's "opt-out" list, is valid and represents a valid household, each of designated friends will receive an email, and you will get credit for each of those friends who clicks on the link in the email and builds their own sale by filling out all the required fields with accurate information. In most cases the Incentive Program will require a certain number of invited friends to sign-up in order for you to be eligible to receive the Gift Card. Please note, however, that regardless of how many of your friends build their own sale, each household may only win at most two of these Gift Cards. Please note that invitations and additional sales may not be created in an automated manner, including but not limited to through the use of "scripts" or "robots." Please note that inviting multiple email addresses from the same person would render the entry invalid. Designer Apparel Commerce has the sole discretion in determining whether an entry is eligible and valid.
PRIVACY: In the administration of the Contest, Designer Apparel will be collecting personal information about each entrant, which Designer Apparel will use in accordance with its privacy policy, which can be found at www.designerapparel.com/privacy.php. By participating in a given Incentive Program, you agree to Designer Apparel's collection and usage of your personal information and acknowledge that you have read and accepted Designer Apparel's privacy policy.
RELEASE; LIMITATION OF LIABILITY: By participating in an Incentive Program, you agree to release and hold harmless Designer Apparel, its parent, subsidiary and affiliated companies, respective subsidiaries, managers, members, officers, employees and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with the Incentive Program or acceptance or use of the Gift Card or any of the apparel or other items purchased with the Gift Card. By participating in an Incentive Program, you also agree to fully indemnify Designer Apparel and its parent, subsidiary and affiliated companies, respective subsidiaries, managers, members, officers, employees and agents and hold each of them harmless from any and all claims costs, losses, or damages of any kind arising out of or in connection with the Incentive Program, including any use of the Gift Card, by any third parties.
Designer Apparel and its agents are not responsible for: (a) any problems or technical malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail to be received by Designer Apparel on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, including any injury or damage to an entrant's or any other person's computer, related to or resulting from playing or downloading materials in this promotion; (b) any incomplete or inaccurate information, whether caused by the website users or by any equipment of programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of entries; or (c) the theft, destruction or unauthorized access to, or alteration of, entries or the website.
ADDITIONAL TERMS AND CONDITIONS: In the event of a dispute as to the identity of a Gift Card winner based on an email address, the eligible winner will be determined by the authorized account holder of the email address submitted at time of participation. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. All new member registrations must be submitted from a valid e-mail account that may be identified by reverse domain name search.
Designer Apparel cannot be responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify the winner of a Gift Card. Each winner will be required to complete and return an affidavit of eligibility and a publicity/liability release within 10 business days of responding to the notification. The winner must consent to the use of his/her name and likeness for publicity and commercial purposes without further compensation, unless prohibited by law.
The Gift Card must be fully redeemed within one year from the date it is awarded. Designer Apparel makes no representations or warranties concerning the appearance, safety or performance of any of the apparel or other items purchased with the Gift Card. Some additional restrictions may apply.
By participating in an Incentive Program, participants agree to be bound by the terms of these Incentive Program Rules and by the decisions of Designer Apparel, which are final and binding in all respects and on all matters pertaining to this promotion. In addition, participants agree to be bound by the Terms and Conditions for using the designerapparel.com website.
Any attempt to deliberately damage any website or to undermine the legitimate operation of an Incentive Program is a violation of criminal and civil laws, and should such an attempt be made, Designer Apparel reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Designer Apparel reserves the right in its sole discretion to disqualify any individual who tampers with the Incentive Program process.
RIGHT TO CANCEL INCENTIVE PROGRAMS: Designer Apparel reserves the right, in its sole discretion, to cancel, modify, terminate or suspend an Incentive Program at any time in its sole discretion.
CHOICE OF LAW; DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Incentive Program Rules or the rights and obligations of members and Designer Apparel Commerce, LLC in connection with all Incentive Programs, shall be governed by, and construed in accordance with, the substantive laws of the State of California, without regard to conflict of law principles. Each participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with an Incentive Program shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in California, and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in an Incentive Program, but in no event attorneys' fees.
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