| |
Gump's "San Francisco Luxury Shopping" Sweepstakes
Official Rules
No purchase necessary to enter or win.
A purchase will not improve your chances of winning.
Void where prohibited by law.
The Gump's "San Francisco Luxury Shopping" Sweepstakes (the "Sweepstakes") is sponsored by Gump's by Mail, Inc. ("Sponsor"). If you enter the Sweepstakes, you fully and unconditionally agree to abide by the terms of these Official Rules and by the decisions of Sponsor relating to the Sweepstakes, which are final and binding in all respects. The Sweepstakes shall be governed by these Official Rules, the laws of the State of California, and applicable U.S. federal law, without regard to any conflicts of laws principles. The Sweepstakes is void where prohibited by law.
1. Eligibility
The Sweepstakes is open to natural persons who are legal residents of the fifty (50) United States and the District of Columbia and who are at least eighteen (18) years of age at the time of entry. Employees of Sponsor, its affiliates, subsidiaries, advertising and promotional agencies and members of their immediate families, and those residing in the same household of each, are not eligible to participate. For purposes of these rules, "immediate family" is defined as spouses, parents, children, siblings and their respective spouses.
2. How to Enter
There are two ways to enter. The first way is to make a purchase in one transaction of one or more items totaling at least $200 (excluding all taxes and shipping) online at www.gumps.com or by calling our toll-free number 1-800-284-8677 during the entry period, which runs from October 1, 2008 and December 23, 2008, and you will receive one automatic entry into the Sweepstakes. For each additional $200 you spend in each transaction during the entry period, you will receive one additional entry. (Example: if you make one purchase of $200 and later make another purchase of $750, excluding taxes and shipping, you will automatically be entered into the Sweepstakes a total of four (4) times.) Transactions in which you spend less than $200 do not qualify, even if the total amount you spend on all such transactions combined exceeds $200. There is no limit to the number of qualifying transactions you may make during the entry period or the number of automatic entries you may receive. The second way to enter is to enter by mail without making a purchase. To do this, send a postcard indicating your name, physical address, e-mail address, and telephone number to "Gump's San Francisco Luxury Shopping Sweepstakes," 135 Post Street, San Francisco, CA 94108. All such entries must be postmarked no later than December 23, 2008 and received by Sponsor by December 30, 2008. There is no limit to entries by mail without purchase, but each such entry must be mailed separately.
3. Selection of Winner
On or about January 12, 2009, one (1) Sweepstakes winner will be selected by random drawing by a representative of Sponsor from among all eligible entries received. The odds of winning the prize depend on the total number of eligible entries received. If the winner is disqualified from the Sweepstakes for any reason or is otherwise unable or unwilling to receive the Prize, another random drawing will be conducted from the remaining eligible entries received, until an eligible winner is identified.
4. Prize
One (1) Grand Prize, a trip for two to San Francisco, will be awarded to the winner. The prize includes: round-trip coach class air transportation for winner and one guest from the major airport nearest to the winner's residence (estimated retail value $475 per person, $950 total), two (2) nights in a deluxe room at The Four Seasons Hotel in San Francisco (estimated retail value $1,225, double occupancy), a prix fixe dinner for winner and a guest at Restaurant Michael Mina (maximum value $250), and a $2,500 shopping spree for winner at Gump's. The approximate total retail value of the prize is $4,925. Sponsor will make all arrangements for travel and accommodations for the winner and guest, and will do so in its sole and absolute discretion. All other expenses, including but not limited to the costs of any ground transportation to and from airport, phone, mini-bar, meals, or other incidentals, are solely the responsibility of the winner. The trip must be completed within one year of date of award, the winner must give Sponsor at least thirty (30) days' prior written notice of the requested itinerary, and the winner and guest must travel on the same itinerary. Flights and accommodations are subject to availability. Sponsor is not responsible for delays, cancellations, or other problems with travel or accommodations beyond the reasonable control of Sponsor. Blackout dates may apply. If the winner resides within 150 miles of San Francisco, the winner will receive ground transportation to San Francisco instead of air transportation. In the event of unavailability of the stated prize or any part thereof, Sponsor reserves the right to substitute cash or items of comparable or greater value. Prize is not transferable, exchangeable, or redeemable by the winner for cash.
5. Prize Notification
The potential winner will be notified via e-mail, regular mail, or telephone approximately five (5) days following the random drawing. You are responsible for insuring that all telephone, mailing and e-mail information is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the winner and the selection of an alternate winner.
6. Acceptance of Prize
The winner will be required to execute and return an affidavit of eligibility and a liability/publicity release, which must be returned within ten (10) days of notification, except where prohibited by law. The winner's travel companion must sign a liability/publicity release prior to travel. Both the winner and the guest must be in sufficient physical and mental condition for safe travel to and from San Francisco. The winner must provide his or her Social Security number to Sponsor for tax reporting purposes. Failure to timely return all required documents and information or to meet these requirements may result in disqualification from the Sweepstakes and the selection of an alternate winner.
7. Entry Errors
Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, whether electronic or physical. Sponsor is not responsible for, without limitation, (1) interruptions to any network, server, web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information.
8. Disputes
In the event of a dispute as to any online or phone purchase/entry, the authorized account holder, i.e., natural person, of the e-mail address or the phone number used to enter will be deemed to be the entrant. The winner may be required to show proof of identification, and Sponsor may require that the winner provide proof that he/she is the authorized account holder of the e-mail address or phone number associated with the winning entry.
9. Taxes; No Warranty
The winner is solely responsible for complying with any and all applicable federal, state, local, or other statutes, regulations, rules, or other laws of any jurisdiction and for bearing any personal income taxes, customs duties, withholding taxes, or other taxes, fees, insurance, surcharges, or other costs relating to any prize. THE PRIZE IS AWARDED BY SPONSOR "AS IS." SPONSOR DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE PRIZE OR ANY PORTION(S) THEREOF.
10. Release
(a) No Liability. By entering the Sweepstakes, you agree to release and to indemnify and hold harmless Sponsor, each of its related companies, and its and their respective companies' officers, directors, employees and agents for any liability, injury, death, loss or damages to you or any person or entity, including without limitation, damage to personal or real property, caused in whole or in part, directly or indirectly, by your participation in the Sweepstakes (or related activities) or the acceptance, possession or use/misuse of a prize.
(b) Publicity. Your entry in the Sweepstakes constitutes your consent to Sponsor and its or their agents to use your name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval, except to the extent prohibited by law.
11. Termination and Disqualification
Sponsor reserves the right, in its sole discretion, to modify, cancel, terminate, and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process or violates these Official Rules. In the event that the Sweepstakes is terminated early, Sponsor reserves the right, but not the obligation, to award prizes to persons who entered prior to the date of termination. Without limiting the foregoing, Sponsor may exclude any entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility, or is otherwise ineligible to enter.
12. Disputes/Choice of Law
Except where prohibited, by entering the Sweepstakes, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in San Francisco, CA, and you waive any objection to such courts on any basis, including without limitation venue, jurisdiction, and inconvenience of the forum; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"); and (4) you waive all rights to claim Special Damages and all rights to have such damages multiplied or increased.
13. Privacy
Personally identifiable information that is submitted by you as part of the Sweepstakes will be used to administer the Sweepstakes, select the winner, and fulfill the prize, and, except as described in Paragraph 10(b), will be treated in accordance with Sponsor's privacy policy accessible on its web site at www.gumps.com.
14. Winner Information
For the name of the winner (available after approximately January 20, 2009), mail a written request and a self-addressed stamped envelope to:
Winner List, Gump's "San Francisco Luxury Shopping" Sweepstakes
135 Post Street
San Francisco, CA 94108
|
