CHARMING
CHARLIE Survey Sweepstakes
OFFICIAL
RULES
NO
PURCHASE NECESSARY
TO ENTER OR WIN. A
PURCHASE OR PAYMENT
WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO LEGAL
RESIDENTS OF the
50
united states, the district of columbia, and Canada (EXCLUDING
Quebec) WHO, AS OF TIME OF
ENTRY, ARE AT LEAST 18 YEARS OR THE
AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE.
VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
The
Charming
Charlie Survey
Sweepstakes
(“Promotion”) is sponsored by Charming
Charlie, Inc. (“Sponsor”), 5999 Savoy Drive, Houston,
TX 77036, and is
administered by Prize Logic, LLC, an independent judging
organization
(“Administrator”), 25200 Telegraph Road, Suite 405, Southfield,
MI, USA 48033.
1.
PROMOTION
PERIOD: The
Promotion starts August
1, 2014 at 12:00 AM (midnight) Eastern Time (“ET”)
and ends on July 31, 2015
at 11:59:59 PM ET (“Promotion Period“). The Promotion consists
of twelve (12)
separate periodic sweepstakes (individually, “Sweepstakes
Period”) as set forth
in Section 4 of these Official Rules. The Promotion is subject
to all
applicable federal, state, provincial, territorial, and local
laws and
regulations. The Sponsor’s computer is the official Promotion
Period clock.
2. ELIGIBILITY: The
Promotion is
open only to legal residents who are physically residing in
the 50 United
States, the District of Columbia, or Canada (excluding the
Province of Quebec),
and who are at least eighteen (18) years of age or the age of
majority in their
jurisdiction of residence or older as of the date of entry. Void in
Quebec, Puerto
Rico, the United States Territories and Possessions, outside
of the United
States or Canada, and where prohibited or restricted by law.
Officers,
directors, and employees of the Sponsor, Verint,
Inc., Administrator and
their respective parent, subsidiary, and affiliate companies,
and any other
entity involved in the development, administration, promotion,
or
implementation of the Promotion (“Promotion Entities”), and
members of these
persons’ immediate families (spouses and/or parents, children,
and siblings,
and their spouses, regardless of where they reside), and/or
persons living in
the same households as these persons (whether or not related
thereto) are not
eligible to enter or win the Promotion.
Participation
constitutes entrant’s full and
unconditional agreement to these Official Rules as well as
Sponsor’s and/or
Administrator’s decisions, which are final and binding in all
matters related
to the Promotion. Winning a prize is contingent upon
fulfilling all requirements
set forth herein.
3.
METHODS
OF ENTRY: An
entrant may enter using one (1) of following
two (2) methods of entry:
A.
Entry
Method 1: After
completing a purchase at a participating
Charming
Charlie retail store, a customer will receive an invitation to
participate in a
survey (“Survey”). This invitation will be printed on the
Charming Charlie store
receipt. The customer must log on to the URL provided on the
receipt and
complete the Survey within seven (7) calendar days from the
date of purchase.
After completing the Survey, the customer will be asked if
he/she wishes to
enter the Promotion. If the customer is an eligible entrant
and wishes to
participate in the Promotion, he/she must then enter the
requested information,
which may include, but is not limited to: his/her complete
first and last name
(initials are not permitted), valid e-mail address, complete
street mailing
address (P.O. Boxes are not accepted), ZIP/Postal Code,
telephone number and date
of birth. After entering this information, the entrant must
click the submit
button to receive one (1) entry into the Sweepstakes Period
running when the
entry is received. Limit one (1) entry per receipt and one (1)
entry per
calendar day as set forth below.
Purchase
must be made
in-store by July 31, 2015. As long as the purchase is made on or
before July
31, 2015, entrants will still have seven (7) calendar days from
the date of
purchase to enter the last Sweepstakes Period.
B.
Entry
Method 2 (alternative method of entry): This entry method is
for those who have not
made a purchase. Under this method of entry, during the
Promotion Period, visit
https://survey.foreseeresults.com/store/controller?id=3be56764&flow=SS and
follow the steps to receive
an entry into a Sweepstakes Period, including providing the
requested registration
information.
Regardless of the method of entry, the entry date will
be the date that
the entrant either completes the Survey or receives an entry
by the alternative
method of entry, not the date of the receipt or purchase.
Therefore, it is
possible for an entrant to complete a purchase during one
Sweepstakes Period and
receive an entry into the next Sweepstakes Period. Regardless
of the method of
entry, an entrant may only enter the Promotion once per
calendar day during the
Promotion Period. A calendar day starts at 12:00 AM ET
(midnight) and ends at
11:59:59 PM ET each day during the Promotion Period.
To be eligible for a Prize, the entrant must comply
with these Official
Rules. Each entrant must be the authorized account holder of a
valid e-mail
account. Entries generated by a script, macro, or other
automated means will be
disqualified.
Entries that are
incomplete, non-deliverable for any reason, garbled,
corrupted, or
unintelligible for any reason, including, but not limited to,
computer or
network malfunction or congestion, are void and will not be
accepted. In case
of a dispute over the identity of an entrant, the authorized
account holder of
the e-mail address used to enter will be deemed to be the
entrant. “Authorized
account holder” is defined as the person who is assigned to an
e-mail address
by an Internet access provider, online service provider, or
other organization
that is responsible for assigning e-mail addresses for the
domain associated
with the submitted e-mail address. Entry constitutes
permission (except where
prohibited by law) to use entrant’s name, city, state,
likeness, image, and/or
voice for purposes of advertising, promotion, and publicity in
any and all
media now or hereafter known, throughout the world in
perpetuity, without
additional compensation, notification, permission, or
approval.
4.
RANDOM
DRAWING: On or
about each of the Random Drawing Dates below,
Administrator will randomly select six (6) potential winners
(each, a “Winner”)
from all eligible entries received during the Sweepstakes
Period. Each Winner
will be deemed a potential Winner pending verification of
eligibility and
compliance with these Official Rules. Entrants must enter
during each
Sweepstakes Period to be eligible to win a Prize for that
Sweepstakes Period. Entries will
not be carried forward
from one Sweepstakes Period to the next Sweepstakes Period.
Sweepstakes
Period |
Start
Date (at
12:00 AM ET) |
End
Date (at
11:59:59 PM ET) |
Random
Drawing Date (on
or about) |
Notification
Date (on
or about) |
1 |
8/1/14 |
8/31/14 |
9/10/14 |
9/19/14 |
2 |
9/1/14 |
9/30/14 |
10/9/14 |
10/20/14 |
3 |
10/1/14 |
10/31/14 |
11/11/14 |
11/20/14 |
4 |
11/1/14 |
11/30/14 |
12/9/14 |
12/18/14 |
5 |
12/1/14 |
12/31/14 |
1/12/15 |
1/21/15 |
6 |
1/1/15 |
1/31/15 |
2/10/15 |
2/19/15 |
7 |
2/1/15 |
2/28/15 |
3/10/15 |
3/19/15 |
8 |
3/1/15 |
3/31/15 |
4/9/15 |
4/20/15 |
9 |
4/1/15 |
4/30/15 |
5/11/15 |
5/20/15 |
10 |
5/1/15 |
5/31/15 |
6/9/15 |
6/18/15 |
11 |
6/1/15 |
6/30/15 |
7/9/15 |
7/20/15 |
12* |
7/1/15 |
7/31/15 |
8/11/15 |
8/20/15 |
*Purchase
must
be made in-store by July 31, 2015, but customers will still
have seven (7)
calendar days from date of purchase to enter the Promotion.
5. PRIZES, APPROXIMATE
RETAIL VALUE (“ARV”), AND ODDS OF
WINNING:
A. Prizes (6 per
Sweepstakes Period): Each Sweepstakes Period,
six (6) Winners will
each receive a USD/CAD $100 Charming
Charlie gift
card
(“Prize”). The ARV of each Prize is USD/CAD $100.
B. Total ARV: The total ARV of all
available prizes in each
Sweepstakes Period is USD/CAD $600.
C. General Conditions on Prizes: Each Prize
is subject to the terms and conditions set forth on the gift
card.
Gift
cards are redeemable for
merchandise at all Charming Charlie stores. Gift cards do not
expire or lose
value, nor are they eligible for resale. The use of a gift
card constitutes the
user’s acceptance of the gift card’s terms and conditions so
each Winner should
read the terms and conditions on the gift card carefully. Each
gift card is
redeemable for merchandise and will not be redeemed or
exchanged for cash, except
where required by law. A gift card will not be replaced or
replenished if it is
lost, stolen, damaged, destroyed or used without Winner’s
permission, and will
be voided if altered or defaced. Limit one
(1) Prize per household for the entire
Promotion Period.After winning a Prize, the household
will no longer
be an eligible entrant for all the future Sweepstakes Period
Random Drawings. Prizes
are non-transferrable and non-substitutable, except by Sponsor
in its sole
discretion. Sponsor reserves the right to substitute a similar
Prize of
comparable or greater value. All taxes and other expenses,
costs, or fees
associated with the acceptance and/or use of a Prize(s) are
the sole
responsibility of Winner(s). If a Prize is unclaimed within a
reasonable time
after notification from Sponsor, as determined by Sponsor in
its sole discretion,
it will be forfeited, and, time permitting, an alternate
Winner may be selected
from the remaining eligible entries at Sponsor’s sole
discretion.
D. ODDS OF WINNING: The odds of
winning a Prize depend on the number of eligible entries
received during each Sweepstakes
Period.
6. WINNER NOTIFICATION
AND FULFILLMENT: Potential
Winners will be notified on or about the
Notification Dates set forth in Section 4 of these Official
Rules by e-mail
using the contact information provided at the time of entry.
If a potential
Winner is a Canadian resident, he/she will
be required to correctly answer a
mathematical skill testing question without any assistance in
order to be
eligible to receive a Prize or such Prize will be forfeited
If
a potential Winner is ineligible for any reason, then the
potential Winner will
be disqualified and an alternate Winner may be selected.
Noncompliance with
these Official Rules or the return of any prize/prize
notification may result
in disqualification and, at Sponsor’s discretion, an alternate
potential winner
may be selected by random drawing from among all remaining
eligible entries received
during the applicable Sweepstakes Period. Administrator
will mail the Prize
directly to the Winner within approximately 6 to 8 weeks from
verification of
eligibility.
8.
CONDITIONS:
By
entering the Promotion, each entrant agrees for entrant
and for entrant’s heirs, executors, and administrators (a) to
release and hold
harmless Promotion Entities and their respective officers,
directors, and
employees (collectively, “Released Parties”) from any
liability, illness,
injury, death, loss, litigation, or damage that may occur,
directly or
indirectly, whether caused by negligence or not, from such
entrant’s
participation in the Promotion and/or his/her acceptance,
possession, use, or
misuse of the Prize or any portion thereof; (b) to indemnify Released Parties from any
and all
liability resulting or arising from the Promotion and to
hereby acknowledge
that Released Parties have neither made nor are in any manner
responsible or
liable for any warranty, representation, or guarantee, express
or implied, in
fact or in law, relative to Prize, including express
warranties provided
exclusively by Prize supplier that are sent along with Prize;
(c) if selected
as a Winner, the use by
Released Parties of such name, voice, image, and/or likeness
for publicity, promotional,
and advertising purposes in any and all media now or hereafter
known,
throughout the world in perpetuity, without additional
compensation,
notification, permission, or approval, and, upon request, to
the giving of
consent, in writing, to such use; and (d)
to be bound by these Official Rules and to
waive any right to claim any ambiguity or error therein or in
the Promotion
itself, and to be bound by all decisions of the Sponsor, which
are binding and
final.
Failure to comply with
these conditions may result in disqualification from the
Promotion in Sponsor’s
sole discretion.
9. NO WARRANTIES,
LIMITATION OF LIABILITY:
Sponsor makes no warranties covering
any of the prizes
furnished as part of this Promotion. All prizes, and all
materials furnished as
part of or in connection with the Promotion are provided "as
is"
without warranty of any kind, either express or implied,
including without
limitation the implied warranties of merchantability, fitness
for a particular
purpose. Promotion
Entities are not
responsible for, and shall be indemnified by the Winner
against, any claims,
injuries, losses or damages of any kind resulting from
acceptance, use, misuse,
possession, or loss of the Prize. Void where prohibited. IN NO
EVENT WILL THE PROMOTION
ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED
COMPANIES, THEIR
ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE
OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR
LIABLE FOR ANY DAMAGES
OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE,
OR EXEMPLARY DAMAGES.
10. PRIVACY: Each
entrant agrees that personal data, including but
not limited to, name, mailing address, telephone number, and
e-mail address may
be collected, processed, stored and otherwise used for the
purposes of
conducting and administering the Promotion and otherwise in
accordance with
Sponsor’s Privacy Policy located at https://www.charmingcharlie.com/terms/privacy. Further, this data may also be used by
Sponsor to verify
an entrant’s identity, postal address and telephone number in
the event an entrant
qualifies for any Prize as well as to deliver the applicable
Prize. If an entrant
does not provide the required data when requested, that entry
will be
ineligible for any Prize.
11. ADDITIONAL
TERMS: Sponsor
reserves the right to permanently disqualify
from any promotion any person it believes
has
intentionally violated these Official Rules. The failure of
Sponsor to comply
with any provision of these Official Rules due to an act of
God, hurricane,
war, fire, riot, earthquake, terrorism, act of public enemies,
actions of
governmental authorities outside of the control of Sponsor
(excepting
compliance with applicable codes and regulations), or other
acts outside the
reasonable control of Sponsor will not be considered a breach
of these Official
Rules. Released Parties assume no responsibility for any
injury or damage to entrants’
or to any other person’s computer relating to or resulting
from entering or
downloading materials or software in connection with the
Promotion. Promotion
Entities are not responsible for telecommunications, network,
electronic,
technical, or computer failures of any kind; for inaccurate
transcription of
entry information; for errors in any promotional or marketing
materials or in
these Official Rules; for any human or electronic (including
but not limited to
programming) error; or for Entries that are stolen,
misdirected, garbled,
delayed, lost, late, damaged, illegible or returned.
Sponsor reserves the right to
cancel, modify, or suspend
the Promotion or any element thereof (including, without
limitation, these
Official Rules) without notice in any manner and for any
reason (including,
without limitation, in the event of any unanticipated
occurrence that is not
fully addressed in these Official Rules). In the event of
cancellation,
modification, or suspension, Sponsor reserves the right to
select Winners in a
random drawing from among all eligible, non-suspect Entries
received prior to
the time of the event warranting such cancellation,
modification, or
suspension. In no event will more Prizes be awarded than are
stated in these
Official Rules. Sponsor may prohibit any entrant or potential
entrant from
participating in the Promotion, if such entrant or potential
entrant shows a
disregard for these Official Rules; acts with an intent to
annoy, abuse,
threaten, or harass any other entrant, Sponsor, or Sponsor’s
agents or
representatives, including but not limited to the Promotion
Entities; or
behaves in any other disruptive manner (as determined by
Sponsor in its sole
discretion). CAUTION:
Any attempt by
any person to deliberately damage any web site or undermine
the legitimate
operation of the Promotion 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 entrant to the fullest extent permitted by law,
including criminal
prosecution. In the event of such a dispute or in the event a
potential Winner
entered via internet and a dispute arises regarding a specific
individual
entitled to receive a prize, entries made by internet will be
declared made by
the authorized account holder of the email address submitted
at the time of entry
and any damage made to the web site will also be the
responsibility of the
authorized account holder. Released Parties are not
responsible for any
technical, mechanical, printing, typographical, human or other
error relating
to or in connection with the Promotion, including, without
limitation, errors
which may occur in the administration of the Promotion, the
processing of
entries, the announcement of a prize or in any
Promotion-related materials; or
for any liability for damage to any computer system resulting
from
participating in, or accessing or downloading information in
connection with
this Promotion.
12. DISPUTES: EXCEPT WHERE
PROHIBITED BY LAW,
THIS Promotion is
governed by, and will be
construed in accordance with, the laws of the State of
TEXAS, and the forum and
venue for any dispute shall be in THE STATE OF TEXAS.
If THE controversy or
claim is not otherwise
resolved through direct discussions or mediation, it shall
THEN be resolved by
FINAL AND binding arbitration administered by JUDICIAL
ARBITRATION AND
MEDIATION SERVICES, INC., in accordance with its Streamlined
Arbitration Rules
and Procedures or subsequent versions thereof (“JAMS
Rules”). The JAMS Rules
for selection of an arbitrator shall be followed, except
that the arbitrator
shall be experienced and licensed to practice law in THE
STATE OF TEXAS. All
proceedings brought pursuant to this paragraph will be
conducted in THE STATE
OF TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED
TO ACTUAL DAMAGES,
AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER
PUNITIVE, EXEMPLARY,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S
FEES OR OTHER SUCH
RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK INJUNCTIVE OR
ANY OTHER EQUITABLE
RELIEF. ANY DEMAND FOR
ARBITRATION MUST
BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION
OCCURRED, OR THE
CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further,
entrants hereby waive all rights, to: (i) claim punitive,
exemplary, special,
incidental, indirect and consequential damages and any other
damages (whether
due to negligence or otherwise), other than for actual out-of
pocket costs; and
(ii) have damages multiplied or otherwise increased. Entrants
agree that the
rights and obligations of any entrant and/or Promotion
Entities and/or any
other party shall be resolved individually, without resort to
any form of class
action. Each entrant hereby irrevocably and unconditionally
waives his or her
right to a jury trial.
13. WINNERS
LIST: For the
names of the
Winners, send a self-addressed, stamped business size envelope
to (VT
residents may omit return postage):
Charming Charlie Survey Sweepstakes, P.O. Box 251328, West
Bloomfield, MI 48325.
Requests must be received by September 15, 2015.
© 2014 Charming
Charlie, Inc.
All
rights reserved.