Enter For a Chance to Win an Hermès Kelly!
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FORM MAY BE REQUIRED.
Enter For a Chance to Win an Hermès Kelly! the “Sweepstakes” is referred to herein as the (“Grand Prize”) is sponsored by POPSUGAR, Inc. (owner and operator of popsugar.com, shopstyle.com and shopstyle.co.uk) and having an address of 111 Sutter Street, Suite 850, San Francisco, CA 94104, and Portero (owner and operator of portero.com) having an address of 154 Grand New York, NY 10013 (Collectively the “Sponsors”). Entrant’s registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the “Official Sweepstakes Rules”) and all entrants agree to abide by these Official Sweepstakes Rules.
ELIGIBILITY: The Sweepstakes is open only to permanent, legal residents that reside in one of the fifty (50) states of the United States of America or the District of Columbia, excluding Rhode Island and excluding all United States territories and possessions and all overseas military installations and legal residents of the United Kingdom. All entrants must be at least eighteen (18) years of age at the time of entry and the age of majority in their respective state as of the date of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other individuals or entities involved in the development or administration of this Sweepstakes, and their immediate family or household members (defined as spouses and biological, adoptive or step-parents, legal guardians, children, siblings, or grandparents, their respective spouses and any dependent under federal income tax law) are not eligible to participate in or win the Sweepstakes. Winners may be required to sign an Affidavit of Eligibility and complete any relevant tax forms as a condition to the delivery of the applicable prize. Void where prohibited by law. All applicable federal, state and local laws apply. No purchase is necessary to participate in the Sweepstakes.
HOW TO ENTER: No purchase is necessary to participate in the Sweepstakes. The Sweepstakes is open between 11:00am PDT on Monday, August 26, 2013 and 11:59pm PDT on Thursday, September 19, 2013 (the “Entry Period”).
There are three ways you can enter the Sweepstakes.
1. Navigate to the POPSUGAR’s Enter For a Chance to Win an Hermès Kelly sweepstakes entry page located at: (http://www.popsugar.com/31174328), submit your first name, last name, email address, and zip code and be entered into the chance to win an Hermès Kelly. By entering online, you will be agreeing to receive Sponsors emails.
2. Navigate to the ShopStyle’s Enter For a Chance to Win an Hermès Kelly sweepstakes entry page located at: (http://shopping.onsugar.com/31215279), submit your first name, last name, email address, and zip code and be entered into the chance to win an Hermès Kelly. By entering online, you will be agreeing to receive Sponsor emails.
3. Navigate to the Portero.com Enter For a Chance to Win an Hermès Kelly sweepstakes entry page located at: (portero.eyeonstyles.com) or on the entry page pop-up on portero.com, submit your first name, last name, email address, and zip code and be entered into the chance to win an Hermès Kelly. By entering online, you will be agreeing to receive Sponsor emails.
Alternative Method of Entry (“AMOE”): You may also enter the Sweepstakes by regular mail as follows. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address, and mail your completed 3” x 5” card to: “Enter For a Chance to Win an Hermès Kelly!” POPSUGAR, Inc., 111 Sutter Street, Suite 850, San Francisco, CA 94104 for United States residents or addressed to Sugar Inc. UK Limited, 2nd Floor, Moray House, 23-31 Great Titchfield Street, London W1W 7PA for United Kingdom residents. To be considered eligible in the Sweepstakes, AMOE entries must be postmarked not later than Thursday, September 19, 2013 and received not later than 12:00 p.m. PT on Monday, September 23, 2013.
Regardless of the method of entry, one (1) entry per person is permitted.
Notwithstanding anything to the contrary in the foregoing, information collected from entrant will only be used for direct marketing purposes if entrant consents to use in such manner. Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated program or via scripts.
PRIZE: At the end of the Entry Period, there will be one (1) random drawing in which one (1) potential Grand Prize winner shall be selected from all eligible entries received during the Entry Period by employees or representatives of the Sponsor to receive one (1) Hermes  Red Box Calf Leather 35cm Kelly Bag (Retail Value: $4,500.00 USD) or (total prize value £ 2,873.14 (GBP) (the “Grand Prize” or “prize”). If the potential Grand Prize winner forfeits or does not claim the Grand Prize within three (3) business days after the date of notification of the Grand Prize, Grand Prize will be re-awarded, in Sponsor’s sole and absolute discretion. Other restrictions may apply. Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. All prizes will be awarded. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Sweepstakes Rules. No substitutions (including for cash) are permitted, except that Sponsors reserve the right to substitute a prize of equal or greater monetary value for any prize. Winners shall be responsible and liable for all federal, state and local taxes on the value of their prize. If required by Sponsor, the winner must complete and return to Sponsor an IRS Form W-9 that reflects winner’s taxpayer identification number or social security number. The winner will receive from Sponsors an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will be filed with the IRS. To receive a complete list of winners or a copy of the Official Sweepstakes Rules, send a self-addressed stamped envelope to ““Enter For a Chance to Win an Hermès Kelly!” Prize Fulfillment, POPSUGAR Inc., 111 Sutter Street, Suite 850, San Francisco, CA 94104 or Sugar Inc. UK Limited, 2nd Floor, Moray House, 23-31 Great Titchfield Street, London W1W 7PA. Please specify winner's list or rules on your request and allow 6-8 weeks for prize delivery.
SELECTION: At the end of the entry period, the winning entry will be chosen at random. The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered. The Sweepstakes will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Sweepstakes. Sponsor reserves the right to determine the method of notification. Winners will be notified via the email address provided. Winners must claim their prize within three (3) business days after the date of notification of such prize. A Sweepstakes winner's failure to respond to the prize notification within the specified three (3) business days will be considered such Sweepstakes winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor reserves the right to ship prizes directly to the email and/or mailing address provided by winners during their entry to the Sweepstakes. Each entry submitted in response to the Sweepstakes and in accordance with these Official Sweepstakes rules will constitute an official entry. One (1) entry per person is permitted. All entrants agree to abide by these Official Sweepstakes Rules. All entries become the property of the Sponsor.
NOTICE TO ONLINE ENTRANTS: Any attempt by an individual to deliberately damage any web site or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law. Any entries that are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Sweepstakes Rules.
GENERAL CONDITIONS AND RELEASES: An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with each provision of these Official Sweepstakes Rules, as determined in the sole and absolute discretion of the Sponsor. Participation in the Sweepstakes is at entrant’s own risk. Neither Sponsor nor any of Sponsor’s partners, suppliers, employees, directors, officers, representatives, or agents (collectively, “Releasees”) shall not be liable for: 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the Entry page, 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Sweepstakes, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Sweepstakes, or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufactuerer of the prize. Sponsor does not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any prize, whether express or implied, including any warranties of merchantability, fitness for a particular purpose and noninfringement. This release does not apply to claims for personal injury or death caused by the negligence of Sponsor. Unless prohibited by applicable law, the acceptance of the Grand Prize by the winner constitutes his/her permission for the Sponsor to use his/her name, address (state) biographical information and testimonials for advertising and/or publicity purposes in connection with this Sweepstakes only, worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
By entering or accepting a prize in the Sweepstakes, winner agrees to be bound by these Official Sweepstakes Rules and to conform to all federal, state and local laws and regulations. The winner may be required to execute and return to Sponsor within five (5) business days of notification of winning the Grand Prize an Affidavit of Eligibility and a Publicity Release of Liability form (where imposing such condition is legal) and any additional documents required by Sponsor in connection with the possibility of receiving the Grand Prize to be eligible for the prize or an alternate winner will be selected. Winner may be required to furnish proof of identity, address and birth date in order to receive a prize.
By entering, an entrant agrees to release and hold harmless Releasees from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from their acceptance, possession and/or use of any prize or their participation in the Sweepstakes, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Releasees are not responsible or liable to any entrant or to the winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, 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 the Releasees’ sole control. The Releasees are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, electronic or human errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) viruses or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; ( 6 ) late, lost, undeliverable, damaged or stolen mail or other methods of delivery; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or ( 8 ) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for prizes and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Sweepstakes Rules in any way or at any time. Sponsor reserves the right, in their sole discretion, to cancel or suspend this Sweepstakes should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Sweepstakes. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Sweepstakes entry page to such effect. Any dispute arising from or relating to the subject matter of this Sweepstakes shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Sweepstakes, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
Any queries regarding the Sweepstakes should be directed to: Sugar Inc. UK Limited, Unit 107, 111 Power Road, London W4 5PY or POPSUGAR Inc, 111 Sutter, Suite 850, San Francisco, California, United States, 94104.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Twitter.