• Mon, Mar 21 2011

DVF Giveaway Terms & Conditions

OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE’S CHANCES OF WINNING

1. SPONSOR: B5MEDIA INC., 174 Spadina Ave, Suite 302, Toronto, Ontario M5T 2C2 (“Sponsor”) is solely responsible for all aspects of this sweepstakes (“Sweepstakes”).

2. ENTRY: During the period beginning at 4:00 p.m. March 21, 2011 and ending at 5:00 p.m. March 27, 2011 (“Entry Period”), you may enter this Sweepstakes in one of two (2) ways. For purposes of these Official Rules (“Rules”), all times and days are Eastern Daylight Time.

(a) Online Entry: You may enter via the Internet by visiting <a href="http://thegloss.com/fashion/become-_our-facebook-fan-enter-to-win-a-diane-von-furstenberg-proud-to-be-woman-prize-pack/" target="_blank"http://thegloss.com/fashion/become-our-facebook-fan-enter-to-win-a-diane-von-furstenberg-proud-to-be-woman-prize-pack/ (“TheGloss”) and following the entry requirements outlined there. Alternatively, you can send an email with your name, address, telephone number, age and email address to giveaways@b5media.com with the subject line “TheGloss Giveaway” (“Online Entry”). Normal Internet access and usage charges imposed by your online service provider will apply. You must have an active email account to submit an Online Entry. It is your responsibility to make sure that you can receive emails so you can be notified if you win.

(b) Mail Entry: To enter by mail, send a hand-printed postcard (no mechanical reproductions accepted) with your name, address, telephone number, age and email address (“Mail Entry”). Mail your completed entry to: “TheGloss FCUK Giveaway”, b5media Inc., attn: Amanda Ernst, 1133 Broadway, Suite 901, New York, NY 10010. Each entry must be mailed separately. Proof of mailing does not constitute proof of delivery or receipt. “Entry” shall mean and refer to each Online or Mail Entry.

3. LIMITATIONS: All Online Entries must be received by 5 p.m. March 27, 2011; and all Mail Entries must be postmarked by March 27, 2011, and received by March 28, 2011. Only one Entry per person or Address will be accepted, (regardless of whether one person has more than one Address or more than one person uses the same Address). In the event of a dispute regarding the identity of the person submitting an Online Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 3 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Open only to persons who are 18 or older upon entering and legal residents of, and physically located within, the 50 states, or D.C. (collectively, “Territory”). Employees of the Sponsor; its parent, subsidiary, affiliated and successor companies; the advertising, promotional and fulfillment agencies of each of them (individually and collectively, “Entities”); the members of their households and members of their immediate families, are all ineligible to participate in the Sweepstakes. Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, mutilated, non-delivered, postage-due, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified and any attempt by a person to use multiple email accounts to register more than once may result in disqualification at Sponsor’s sole discretion. Void where prohibited or restricted by law and subject to all applicable federal, state, provincial, local and municipal laws and regulations.

4. PRIZE: Five (5) GRAND PRIZES: Five winners will be selected to receive one (1) Diane von Furstenberg Proud to be Woman prize pack, including a tote, tee, drop tag and vinyl. All expenses not specifically mentioned herein are not included and are solely the winner’s responsibility. Approximate retail value (“ARV”): $90. Total ARV of all prizes: $450. Limit one prize per person/address. If the actual value of a prize is less than the stated ARV, the difference will not be awarded.

Any depiction of prize is for illustrative purposes only. Prizes are not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. The prizes cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. Only the number of prizes stated in the Rules is available to be won. All prizes will be awarded provided a sufficient number of eligible Entries are received and prizes validly claimed by date, after which no alternate winners will be selected nor unclaimed prizes awarded.

5. PROCEDURES: Sweepstakes will be conducted during the Entry Period. On or about March 28, 2011, in a random drawing, the potential winners will be selected from all eligible Entries received. Odds of winning depend on the total number of eligible Entries received.

6. WINNERS: Potential winners will be notified by email on or about March 28, 2011. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner’s failure to respond to notification within ten (10) days after its transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of any other notice or a prize as undeliverable; [4] potential winner’s failure to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the Address associated with a winning Online Entry; [5] potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [6] potential winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within ten (10) days; [7] potential winner’s failure to claim a prize within ten (10) days after it is sent; [8] potential winner’s failure to validly claim any prize before [date]; and [9] any other non-compliance with Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. All taxes are solely the responsibility of each winner.

7. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Sweepstakes is subject to Sponsor’s privacy policy located at www.thegloss.com/privacy.

8. CONDITIONS: By entering this Sweepstakes, you agree, represent and warrant that: [1] you will be bound by the Rules and the Sponsor’s decisions, which shall be final in all respects; [2] the Entry becomes solely the Sponsor’s property and will not be acknowledged or returned; [3] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in the Sweepstakes or any Sweepstakes-related activity or travel or from any interaction with, or downloading of, computer Sweepstakes information; [4] the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); [5] any winner’s acceptance of any prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner’s name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [6] in the event unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, except where prohibited by law, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable; [7] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; [8] any portion of any prize not accepted or used by any winner will be forfeited; [9] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [10] the Sponsor has the right, at any time and at its sole discretion, to disqualify any individual it suspects: to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; (b) violating the Rules, or the Privacy Policy; (c) violating any other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Sponsor; [11] any attempt by any individual to deliberately undermine the legitimate operation of the Sweepstakes is a violation of these Rules as well as criminal and civil laws; and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [12] Sponsor has the right to conduct a background check (“Check”) of any and all records of the winner and his/ her companions (“Participants”), including without limitation, civil and criminal court records and police reports, which they; to the extent necessary under law, shall authorize; [13] Sponsor may take all steps necessary to corroborate any information provided to Sponsor by the Participants and they will be obligated to provide necessary contacts and information for the Check; [14] Sponsor has the right, in its sole discretion, to disqualify any Participant from any prize element, based on the Check; [15] any and all disputes, claims and causes of action at law or in equity (“Claim”) arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules or any prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [16] any Claims shall be resolved individually, without resort to any form of class action; [17] any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-o- pocket expenses and any and all rights to have damages multiplied or otherwise increased; and [18] Sponsor has the right to modify prize award procedures at its sole discretion.

9. RULES & WINNER’S LIST: For winners’ list available after date, send a stamped, self-addressed envelope postmarked by March 31, 2011 and received by March 25, 2011 to: “TheGloss DVF Giveaway WINNERS,” ATTN: Amanda Ernst, 1133 Broadway, Suite 901, New York, NY 10010.

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