OFFICIAL RULES Gossip Girls “Gossip Generator” Sweepstakes TIMING/OVERVIEW: This is an online sweepstakes (the “Sweepstakes”), which begins at 12:01 AM Pacific Time (PT) on August 5, 2008, and ends at 11:59 PM PT on September 4, 2008 (the “Entry Period”). The Gossip Girl Mobile Promotion (the “Promotion”) will allow participants to send Gossip Girl gossip to their friends. Participants will have an opportunity to enter the “Gossip Generator” Sweepstakes upon initial registration and each time they log in to their registered account during the entry period, but no more than one (1) entry, per IP address, per day, will be accepted. ELIGIBILITY: To enter the Sweepstakes, entrant (“You”, or “Participant”) must be a legal resident of one of the fifty (50) United States or the District of Columbia, must be fifteen (15) years of age or older, and must be registered on the Promotion website during the entry period. Employees of The US Sweepstakes & Fulfillment Company (“the Sponsor”), H & M Department Stores, and Warner Home Video and their affiliated companies, subsidiaries, vendors, and their respective advertising and promotion agencies (collectively, the “Sweepstakes Entities”), and the immediate families (defined as parents, siblings, spouses and children) and household members of each such employees are not eligible. TO PARTICIPATE: Visit www.textgg.com (the “Website”) and complete all entry fields to register for an account. When You register for an account or log in to your registered account you must check the box indicating that You wish to be entered into the Sweepstakes. You may then send gossip as often as you like, but You will only receive one (1) entry into the sweepstakes, per IP address, per day for each day You Participate in the Promotion during the entry period. Follow the instructions on the Website to create gossip with the Gossip Generator using the provided nouns, verbs, and adjectives. You will then be able to identify the text recipient(s) (“Friend(s)” or “Recipient(s)”) by the first initial of their first name. Once the gossip is complete, You will enter in your Friend’s mobile phone number. There is no cost to send gossip to your Friend. Your Friend will receive a preliminary opt-in notice to accept the SMS, which will comply with carrier rules and regulations of the carriers listed below. The Gossip Generator Sweepstakes is not intended for and may not be used by children under the age of 15. Sponsor and Sweepstakes Entities do not knowingly collect information from children under the age of 15 and do not target the Sweepstakes to children under 15. If you are under 15, you are prohibited from accessing and using the Gossip Generator. OPT-IN: If Your Friend opts-in, they will receive the gossip You generated. By opting in Recipients agree to accept additional gossip from the Gossip Girl Gossip Generator. Recipients of Your gossip by text will be charged standard text messaging rates for text messages sent and received from their mobile device according to the terms and conditions in their wireless plan. Recipient must be at least eighteen years old or have the permission of their parent or legal guardian to sign up to receive Gossip Girl gossip. Service is billed at ATT/CINGULAR, T-MOBILE, SPRINT, NEXTEL, BOOST, VERIZON, ALLTEL, CINNCINNATTI BELL, CELLULAR ONE, DOBSON, CRICKET/LEAP, VIRGIN MOBILE, RCC UNICELL, CENTENNIAL, and U S CELLULAR. Text messaging and wireless service are not available in all areas. RECIPIENT OPT-OUT: Recipients of Gossip Girl gossip may terminate their participation at any time by sending a text message with the word “STOP”, to short code 88000, which information will be sent to Recipient in the preliminary opt-in notice. For information, text HELP to 88000 or call 1-866-358-7327. DRAWING: Twenty one (21) winners (the "Winners") will be selected in a random drawing from among all eligible entries on or before September 8, 2008 (the "Drawing"). Drawing will be held by US Sweepstakes & Fulfillment Co., an Independent Sweepstakes Administrator, whose decisions are final on all matters relating to this Sweepstakes. Odds of winning will depend on the number of eligible entries received. PRIZES: One (1) Grand Prize winner will be awarded two (2) round trip coach airfare tickets from a major airport closest to winner’s home to New York City; two (2) nights double occupancy hotel accommodations, a $1000 shopping spree at H&M Department Store, a copy of the Gossip Girl Season 1 DVD, and two (2) Gossip Girl Books: Gossip Girl and Gossip Girl: The Carlyles. Approximate Retail Value (“ARV”) of the Grand Prize is $3,060. All other expenses not specifically mentioned herein, including but not limited to; food and beverages, local ground transportation, telephone, in-room charges, and gratuities are the responsibility of the winner. Winner and travel companion must be available to travel on the dates required by Sponsor to attend the event, and must travel on the same itinerary. If winner is under 18 years of age, travel companion must be winner’s parent or legal guardian. Winner must complete trip by December 31, 2009 or trip will be forfeited. Ten (10) First Place winners will receive a $500 H&M Gift Card, a copy of the Gossip Girl Season 1 DVD and two (2) Gossip Girl Books: Gossip Girl and Gossip Girl: The Carlyles. ARV of First Prize is $560. Ten (10) Second Prize winners will receive a copy of the Gossip Girl
Season 1 DVD and two (2) Gossip Girl Books: Gossip Girl and
Gossip Girl: The Carlyles. ARV of Second Prize is $60. If a minor wins a prize, the prize will be awarded to the winner's parent or legal guardian in the name of the winner. Each prizewinner and/or parent/legal guardian shall be responsible solely for all federal, state and/or local taxes. An IRS Form 1099 will be issued to the Grand Prize winner in January 2009 for the ARV of the Grand Prize. A potential winner of a prize may not transfer his or her prize prior to being awarded. No cash alternative or substitution of prizes will be allowed except that, at the sole discretion of the Sweepstake Entities, the Sweepstake Entities may substitute a prize of equal or greater approximate retail value if the prize described in these Official Rules is unavailable for any reason. Any difference between the stated and actual value of the prize will not be awarded. All details and other restrictions of prizes not specified in these Official Rules will be determined solely by Sweepstake Entities. Limit one (1) prize per person/family/household/email address. All prizes are awarded “as is” with no at-law or implied warranties whatsoever. Under no circumstances will more prizes be awarded than those stated in the “Prizes” section. Only the type and quantity of prizes described in these Official Rules will be awarded. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded. CONDITIONS OF PARTICIPATION: Prizewinners (the “Potential Winners”) will be notified by e-mail, telephone, or USPS mail ("Prize Notification"), and must provide by return e-mail, within ten (10) days of the date of the Prize Notification (the "Deadline"), the Potential Winner’s full name and a mailing address (“Mailing Information”). The mailing address must be a street address (no P.O. Boxes). If the Potential Winner does not provide the Mailing Information in response to the Prize Notification by the Deadline, the Potential Winner will be disqualified and an alternate winner will be selected. The Potential Grand Prize winner will be required to execute and return a Declaration or an Affidavit of Eligibility, a Liability Release, and where allowable, a Publicity Release, within seven (7) days after issuance of written notification. Travel Companion will also be required to return a travel liability waiver. Noncompliance by Grand Prize winner will result in disqualification and an alternate winner being selected. All taxes on prizes, if applicable, are the sole responsibility of the winner. Said releases grant the Sweepstakes Entities the right to confirm the validity of Participant’s entry, to use winner’s name and likeness in all publicity and marketing activities associated with this Sweepstakes, without further compensation. All Participants agree that the Sweepstakes Entities shall have no liability and will be “held harmless” by Participants and Winners for any liability, loss, injury or damage due to participation in this Sweepstakes and/or acceptance and use or misuse of the prize offered. All federal, state, and local laws apply. Sweepstakes Entities, Sponsor, and its agencies are not responsible for online entries that are not received due to technical/transmission difficulties beyond their reasonable control, as stated in “Limitations of Liability” paragraph. By entering in this Sweepstakes, all Participants agree: (a) to be bound by these Official Rules, the decisions of the Sweepstake Entities, which shall be final and binding, and the Warner Bros. Privacy Policy; and (b) to be contacted by Sweepstakes Entities via e-mail. Sweepstakes Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Entries become the sole property of the Sweepstakes Entities and will not be acknowledged or returned. Sweepstakes Entities reserve the right at Sweepstakes Entities' sole discretion to disqualify any individual Sweepstakes Entities find to be tampering with the entry process or the operations to any of the Sweepstakes or any website; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OR CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PARTICIPANT AND SEEK DAMAGES FROM ANY SUCH PARTICIPANT OR ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. LIMITATIONS OF LIABILITY: Sweepstake Entities are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with, or utilized in, this Sweepstakes, or by any technical failure or human error or any other causes beyond the control of Sweepstakes Entities which may occur in the processing and/or transmissions in the Sweepstakes. Sweepstake Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries. Sweepstake Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of e-mail due to technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person’s computer related to, or resulting from, participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sweepstakes Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sweepstake Entities reserve the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes, and select winners from all entries received up to the time of termination. DISPUTES: Each Participant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Los Angeles County, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys fees and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of California. WINNER’S LIST:For the names of the winners, send a self-addressed, stamped envelope by September 30, 2008 to: "Gossip Generator Sweepstakes" Winner Confirmation, PO Box 25497, Rochester, NY 14625 SPONSOR: The US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Building #2, Suite 100, Rochester, NY 14625. ADMINISTRATOR: The US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Building #2, Suite 100, Rochester, NY 14625. SWEEPSTAKES VOID OUTSIDE THE US AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. TM & © 2008 Warner Bros. Entertainment Inc. © H & M HENNES & MAURITZ AB 2008 |