Jane.com Contest Rules
Swagbucks’ Jane.com Shopping Spree Promotion
NO PURCHASE NECESSARY TO ENTER OR WIN.
OPEN TO RESIDENTS OF THE 50 UNITED STATES AND D.C
13 YEARS OF AGE AND OLDER ONLY
These official rules (“Official Rules”) govern the Jane.com Shopping Spree promotion (the “Promotion”). Each Entrant (defined below) agrees that he/she has read, understands and accepts these Official Rules and agree to be bound by them.
- ENTRY PERIOD: The Promotion begins at 12:00 a.m. on August 7, 2017 and ends at 11:59 p.m. on September 7, 2017 (the “Entry Period”). All references to dates and time shall be based on Pacific Standard Time. Sponsor’s computer is the official time-keeping device for the Promotion.
- ELIGIBILITY: Open only to interested Members (defined below) of the Website in good standing who are (i) are residents of any one of the 50 United States or District of Columbia and (ii) are thirteen years of age as of August 7, 2017 (each an “Entrant”). Employees and directors of Sponsor and its affiliates, advertising agencies, and/or promotion partners and members of their immediate families are not eligible to enter or win, and entry by such persons will be deemed invalid. “Immediate family” is defined as parents, siblings, children or spouse. If any Entrant is deemed a minor in the jurisdiction of his/her residence, said Entrant will need parental consent in order enter the Promotion and to be awarded the Prize, otherwise, Prize may be awarded to his/her parent/legal guardian (as determined by Sponsor in its sole discretion) or not awarded at all. The Sponsor reserves the right to request verifiable proof of age, identity, and/or residency.
- HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. There are TWO (2) ways to gain entry into the Promotion (each an “Entry”).
- Online Entry: New Customers (defined below) receive ten (10) Entries to the Promotion for every dollar ($1.00) spent on their first completed Transaction (defined below) on Jane.com during the Entry Period. Existing Customers of Jane.com (defined below), including previously New Customers who have already completed their first Transaction, receive one (1) Entry to the Promotion for every dollar ($1.00) spent during the Entry Period. A “Member” is any registered member of Swagbuck.com in good standing. A “Transaction” is any completed purchase on Jane.com made by a Member as either a guest of Jane.com or a registered member of Jane.com. A “New Customer” is a Member who has never made a Transaction. An “Existing Customer” is a Member who has, at some point prior to the Transaction in question, completed a Transaction on Jane.com. For avoidance of doubt, a Member who is a New Customer is only considered a New Member on their first Transaction.
- Mail-in Entry: Mail-in Entry shall occur when an Entrant inserts, in a #10 envelope, a 3”x5” piece of paper with his/her first and last name, Swag Name, complete residential address, and daytime and evening telephone numbers on it, and mails it to: com Shopping Spree Promotion, P.O Box 70, Manhattan Beach, CA 90267. Mail-in entries must be postmarked no later than September 7, 2017 and received by Sponsor no later than 12:00 p.m. PST on September 9, 2017. Limit ONE (1) Entry per envelope.
ENTRANTS MAY ONLY ENTER INTO THE PROMOTION BY ONE (1) OF THE ENTRY METHODS DESCRIBED IN THIS SECTION 3. ENTRANTS CANNOT USE BOTH METHODS OF ENTRY OR ANY OTHER METHOD(S) OF ENTRY TO ENTER THE PROMOTION. ENTRANTS WHO ENTER OR ATTEMPT TO ENTER THE PROMOTION USING BOTH METHODS OF ENTRY OR BY ANY OTHER METHOD(S) OF ENTRY WILL BE DISQUALIFIED. An Entrant may not enter with multiple identities. An Entrant who attempts to (or actually) circumvent these Official Rules by entering with multiple identities or by otherwise violating these Official Rules will be disqualified. No entry may be made on behalf of third parties. Valid Entries received by Sponsor during the Entry Period will be entered into the Promotion and added to the then-current pool of Entrants. No partial entries will be awarded. There is no cost to maintain an account on the Website (nor to earn Swag Bucks thereon). To register, follow the online registration instructions located on the Website. Additional details concerning Entry may be posted on the Website. “Website” shall mean Sponsor’s online property located at http://swagbucks.com and all pages thereon.
- PRIZE: One gift card valued at two hundred and fifty dollars ($250.00) (the “Prize”). Limit ONE (1) Prize per winning Entrant. Prize consists of only those items specifically listed as part of the Prize. No substitution or transfer of Prize permitted unless expressly approved by Sponsor in writing. Sponsor reserves the right to substitute a Prize of equal or greater value. An unclaimed Prize will not be awarded. Prize may be delivered electronically. All taxes and fees resulting from acceptance and/or use of the Prize are the responsibility of winner. Prizes may be subject to reporting for tax and other purposes. Winner should consult his/her tax advisor with respect to any applicable taxes related to any Prize. Sponsor makes no warranty, representation or guarantee of any kind, express or implied, in fact or in law relating to the Prize. “Swag Bucks” refers to the loyalty reward points awarded to an eligible member of the Website by Sponsor for certain actionable activities successfully completed by such member on the Website or at other online location(s), as specified by Sponsor from time to time. “ARV” means the approximate retail value as of about the start date of the Promotion.
- WINNER SELECTION: On September 12, 2017, in a random computer-based drawing from among all eligible entries received during the Entry Period, one (1) entrant will be chosen (the “Potential Winner”) to be selected by Sponsor as a potential winner of the Prize. A Potential Winner who has not reached the age of majority in his/her jurisdiction of residence at the time of Entry will require parental consent to accept any Prize. Potential Winner will be notified by either email, postal mail, an announcement on the Website or on Sponsor’s additional presences on the Internet (including, but not limited to, Sponsor’s Instagram®, Facebook®, Twitter®, and/or Pinterest® pages), an inbox message through Entrant’s Website account, or via telephone (the “Notification”). As a condition of winning, Potential Winner (or his/her parent or legal guardian, where the Potential Winner has not reached the age of majority in his/her jurisdiction of residence) may be required to execute and return to Sponsor certain documents deemed reasonably appropriate by Sponsor (the “Required Documents”). Where the Required Documents are requested by Sponsor, should Sponsor not receive from Potential Winner all of the Required Documents, completed and signed, within seven (7) days of the Notification, Potential Winner’s Entry will be deemed forfeit and an alternate Potential Winner may be selected at Sponsor’s sole discretion. The return of any Notification as undeliverable will result in disqualification and an alternate Potential Winner may be selected at Sponsor’s sole discretion. A Potential Winner is not deemed a winner of any Prize, even if the Notification should so indicate, unless and until the Potential Winner’s eligibility has been verified by Sponsor to Sponsor’s satisfaction, all Required Documents requested of Potential Winner have been executed and returned to Sponsor, and Potential Winner has been notified that the acceptance and verification process is complete.
- REPRESENTATIONS AND WARRANTIES: Entrant warrants and represents that (i) the Entrant Material and Entrant’s Name & Likeness (each defined below) will not, when used by Sponsor, infringe any intellectual property right or any other rights of any third party; (ii) the Entrant Material nor its entry into the Promotion will violate, breach, conflict with or constitute a default under any contract, agreement or commitment binding upon Entrant, including, without limitation, any non-disclosure, confidentiality, non-competition, or other similar agreement; (iii) the Entrant Material will not contain any nudity or content that is defamatory, libelous, threatening, harassing, abusive, pornographic, obscene, vulgar, profane, violent, indecent, or content that is otherwise offensive or that would be considered objectionable by a reasonable person; and (iv) the Entrant Material and its entry into the Promotion will not conflict with or violate any applicable laws.
- DISCLAIMER: Except as specifically set forth in these Official Rules, this Promotion is in no way sponsored, endorsed or administered by, or associated with, any third party whose name, brand, trademark, service marks, and/or products or services may be used or mentioned in connection herewith. This Promotion and the Prize awarded in connection herewith are sponsored solely by Sponsor. All copyrights, trademarks or such other property mentioned or otherwise referenced in connection herewith are the property of their respective owners.
- GENERAL CONDITIONS: All entries become the exclusive property of Sponsor and will not be returned. Entries that are partial or otherwise incomplete, illegible, or corrupted are void and will not be considered valid. Sponsor is not responsible for lost or late mail, or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with or utilized in connection with this Promotion, or by any human error which may occur in the processing of entries in this Promotion. Sponsor gives no assurance and no promises that the Website (or any of the services connected with the Promotion) shall be free from errors or omission nor that they will be available uninterrupted and in a fully operating condition. If, in Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity or operation of the Promotion, Sponsor reserves the right to modify, suspend or discontinue the Promotion, in whole or in part, at Sponsor’s sole discretion, including, without limitation, revoking any Entrant’s Entry into the Promotion and/or revoking any winner’s Prize award. Additionally, by entering into the Promotion, Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state/province or country of his/her residence) agrees:
- To all decisions of Sponsor, which shall be final and binding in all matters; and
- To hold Sponsor, its affiliates, directors, officers, employees and assigns (collectively, hereafter, the “Sponsor Group”) harmless from and against any and all claims and liability arising out of Entrant’s participation in the Promotion, receipt, use, redemption or misuse of any Prize, including, without limitation, personal injury, death, damage to, loss of property and/or the broadcast, exploitation or use of any Entry; and
- To hold the Sponsor Group harmless from and against any and all claims and liability arising out of use of the Entrant Material, or Entrant’s name, likeness and/or biographical information; and
- That in the event a dispute arises as to Entrant’s identity, entries made by Internet will be declared made by the name on the online entry form; and
- That all U.S. federal and state laws apply; and
- That Sponsor reserves the right to make changes to the Promotion schedule, these Official Rules, or to discontinue the Promotion at any time with or without notice, for any reason or no reason.
- CLEARANCE AND RELEASE: Where necessary to gain Entry into the Promotion, or where requested by Sponsor, Entrant shall use best efforts to provide content and other materials (including, but not limited to video, audio, photographs, and/or similar materials) (hereafter, “Entrant Material”) for marketing, publicity, or Sponsor’s business purposes generally, without Entrant’s inspection or further consent or approval, in a format specified by Sponsor. Additionally, where necessary to gain Entry into the Promotion, or where requested by Sponsor, Entrant grants to Sponsor the right to use Entrant’s name, likeness, sobriquet, voice, biography and characteristics (hereafter, “Entrant’s Name & Likeness”) for marketing, publicity, or Sponsor’s business purposes generally, without Entrant’s inspection or further consent or approval. Entrant hereby grants to Sponsor a perpetual, non- exclusive, royalty-free, worldwide license to use, reproduce, execute, store, archive, modify, distribute, transmit, and/or publicly display the Entrant Material and/or Entrant Name & Likeness in any media or format now known or hereafter devised, throughout the universe, without compensation or right of further approval. Nothing shall obligate Sponsor to so use or engage in any of the aforementioned activities. Any material created by Sponsor in connection with this Promotion (including, but not limited to, any material that may reference or include the Entrant Material and/or Entrant’s Name & Likeness) shall be the exclusive property of Sponsor. Due to the public nature of the Promotion, the public at-large may have access to the Entrant Material and/or Entrant’s Name & Likeness and the ability to comment on or otherwise provide a critique(s) of the Entrant Material and/or Entrant’s Name & Likeness. Notwithstanding anything to the contrary, Sponsor does not endorse, is not responsible for, and cannot control or censor any of the views, critiques, or comments made by others (negative or otherwise) in connection with or in reference to the Entrant Material and/or Entrant’s Name & Likeness.
- SOCIAL MEDIA: In no event should this Promotion be construed as being endorsed, sponsored, or administered by the operator of any social media platform (e.g. Instagram®, Facebook®, Twitter®, or Pinterest®) (each a “Social Platform”). If entrance into this Promotion requires use of a Social Platform, Entrant hereby releases such Social Platform from any and all liability in connection herewith. Further, in the event any Entrant, whether required by these Official Rules or of his/her own accord, in any way promotes, “shares,” discusses, links to, posts, or otherwise advertises the Promotion (hereafter, a “Share”), said Entrant entirely releases Sponsor and each and all individual(s) and/or entity(ies) whose name, brand, products and/or services may be used or mentioned in connection with such Share from any and all liability in connection with the Share.
- DISPUTES; GOVERNING LAW: Except where prohibited, the Entrant agrees that any and all disputes, claims and causes of actions arising out of or connected with the Promotion or any Prize shall be resolved on an individual basis without resort to any form of class action. Any and all disputes, claims and causes of actions shall be resolved exclusively by the United States District Court for the Southern District of California, or the appropriate California State Court located in Los Angeles County, California. Any issues or questions of construction, interpretation, validity, or enforceability of these Official Rules, or the rights and obligations of the Entrant and/or Sponsor in connection with the Promotion shall be governed by, construed and interpreted in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rule which would cause the application of the laws of any jurisdiction other than the State of California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion but in no event attorneys’ fees. Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state or country of his/her residence) hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing limitation may not apply to you.
- WINNER’S LIST: For list of winner(s), send your request and a self-addressed, postage-paid #10 envelope to: com Shopping Spree promotion, P.O Box 70, Manhattan Beach, CA 90267. Write in for winner on or by December 12, 2017.
- ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Entry Period.
- SEVERABILITY: If any section of these Official Rules are held to be invalid or unenforceable, all remaining sections hereof will remain in full force and effect.
SPONSOR: Prodege LLC (“Sponsor”), P.O Box 70, Manhattan Beach, CA 90267