BARNES &
NOBLE® SURVEY
SWEEPSTAKES
OFFICIAL RULES
NO
PURCHASE NECESSARY
TO ENTER OR WIN THE PROMOTION. A
PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF
WINNING.
OPEN
ONLY TO LEGAL
RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA
WHO, AS OF TIME OF ENTRY,
ARE 18 YEARS OR OLDER.
VOID
IN PUERTO RICO AND
WHERE PROHIBITED OR RESTRICTED BY LAW.
The
Barnes
& Noble® Survey Sweepstakes (the “Promotion”)
is
sponsored by Barnes
& Noble, Inc. (“Sponsor”),
122 Fifth Avenue, New York, NY 10011, and is administered by
Prize Logic, LLC
(“Administrator”), 25200 Telegraph Road, Suite 405, Southfield,
MI, USA 48033.
1.
PROMOTION
PERIOD: The
Promotion starts May
1, 2013 at 12:00 AM Eastern Time (“ET”)
and ends on
July 31, 2013 at 11:59:59
PM ET (“Promotion Period“) and consists of three (3) separate
monthly
sweepstakes (individually, “Sweepstakes Period,” as defined
further in Section
4 of these Official Rules). The Promotion is subject to all
applicable federal,
state and local laws and regulations. The Administrator’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
or the District
of Columbia and who are at least eighteen (18) years of age or
older as of the
date of entry. Void in Puerto Rico, the United States
Territories and Possessions,
elsewhere 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 eligible entrant
(“Entrant”) may enter
using one (1) of two (2) methods of entry:
Entry
Method 1: Upon
completing a purchase at a participating Barnes
& Noble retail store, the customer will receive an
invitation to
participate in a survey (“Survey”). This invitation will be
printed on the Barnes
& Noble 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 following
information: his/her complete first and last name (no
initials), valid e-mail
address, complete street address (no P.O. Box), Zip Code,
telephone number and
birthday. After entering this information, the Entrant must
click the submit
button and he/she will be entered into the Sweepstakes Period
for the calendar
month when his/her entry is received. Limit one (1) Entry per
receipt. Purchase must be
made in-store by July 31, 2013, but
customers will still have seven (7) calendar days to enter the
last Sweepstakes
Period. For
example, a customer who has
made a purchase on July 31, 2013 will have until August 6,
2013 to complete the
survey and receive an entry into the last Sweepstakes Period.
Entry
Method 2 (alternative method of entry): This entry
method is for those who have
not made a purchase, and/or do not want to complete the
survey. Under this
method of entry, during the Promotion Period, the individual
may click on
https://survey.foreseeresults.com/store/controller?id=6d7a53d8&flow=SS
and follow the steps to receive
an entry into a Sweepstakes
Period, including providing the registration information
requested above.
The
entry date will be the date that the Entrant either completes
the survey or
enters by the alternative method of entry and is thereby
entered into the
Promotion, not the date of the receipt. Therefore, it is
possible for an
Entrant to complete a purchase during one Sweepstakes Period
and receive an
entry into the next Sweepstakes Period. Notwithstanding the
foregoing,
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 be in compliance with
the 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 one (1) potential winner (“Winner”) from among 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 over from one Sweepstakes
Period to the next Sweepstakes Period.
Sweepstakes Period |
Start Date (as of 12:00 AM ET that
day) |
End Date (as of 11:59:59 PM ET
that day) |
Random Drawing Date (on
or about) |
Notification Date (on or
about) |
1 |
5/1/2013 |
5/31/2013 |
6/7/2013 |
6/14/2013 |
2 |
6/1/2013 |
6/30/2013 |
7/8/2013 |
7/15/2013 |
3 |
7/1/2013 |
7/31/2013 |
8/9/2013 |
8/16/2013 |
5.
PRIZES
AND
APPROXIMATE RETAIL VALUE (“ARV”):
a.
Prize:
Sponsor
will award, selected in its sole discretion, either one (1)
NOOK® HD+ 32 GB
Tablet (ARV: $299)
or one (1)
$300 Barnes & Noble Gift
Card (ARV: $300) in each Sweepstakes Period. Each Gift Card is
subject to the
terms and conditions set forth thereon. Nook HD+32 GB Tablet
does not include
any additional accessories, memory cards, covers, etc.
b.
Total
ARV: The total ARV of all
available prizes in the
Promotion Period is between $897 and $900, depending on the
Prize distribution,
as determined by Sponsor in its sole discretion.
c.
Barnes
& Noble Gift Card Prize and/or NOOK HD+ 32 GB Tablet Prize
(collectively,
“Prize” or “Prizes”) will not be redeemed or exchanged for
cash, except where
required by law. Prize will not be replaced or replenished if
it is lost,
stolen, damaged, destroyed or used without your permission and
will be voided
if altered or defaced Limit one (1) Prize per household during
the entire
Promotion Period. 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
the Prize(s) are
the sole responsibility of Winner(s). If the Prize(s) 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(s) may be selected from the remaining eligible entries
at Sponsor’s sole
discretion.
6.
ODDS
OF WINNING: Odds
of winning a Prize depend on the number of eligible entries
received during each
Sweepstakes Period.
7.
WINNER
NOTIFICATION
AND FULFILLMENT: Potential
Winners will be notified on or about the Notification Dates
defined 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 ineligible for
any reason, then the potential Winner will be disqualified and
an alternate Winner
may be selected. The Winner may be required to execute and
return an Affidavit
of Eligibility/Release of Liability/Publicity form (where
legal) within seven
(7) days after winner notification is sent. Noncompliance
within this time
period, with these Official Rules or the return of any
prize/prize notification
may result in disqualification and, at Sponsors’ discretion;
an alternate
potential winner may be selected by random drawing from among
all remaining
eligible entrants. Federal,
state, and
local taxes imposed on Prizes are the sole responsibility of the
Winner. Sponsor
will ship the Prize directly to the Winner within approximately
6 - 8 weeks of
the notification date.
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
any warranties
covering any of the prizes furnished as part of this
Sweepstakes. All
prizes, and all materials furnished as
part of or in connection with the Sweepstakes 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 http://www.barnesandnoble.com/help/cds2.asp?PID=25556. 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. Information
supplied
by entrants will be used in. 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
an entrant to deliberately damage any web site or undermine
the legitimate
operation of the 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 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. "Authorized account holder" is
defined
as the person who is assigned to an email address by an
Internet access
provider, online service provider or other organization that
is responsible for
assigning email addresses for the domain associated with the
submitted email
address. Released Parties are not responsible for any
technical, mechanical,
printing, typographical, human or other error relating to or
in connection with
the Sweepstakes, including, without limitation, errors which
may occur in the
administration of the Sweepstakes, the processing of entries,
the announcement
of the prize or in any Sweepstakes-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 Sweepstakes.
12. DISPUTES: EXCEPT WHERE
PROHIBITED BY LAW
The
PROMOTION is governed by, and will be construed in
accordance with, the laws of
the State of NEW YORK, and the forum and venue for any
dispute shall be in THE
COUNTY OF NEW YORK IN THE STATE OF NEW YORK. 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 NEW YORK.
All proceedings brought pursuant to
this paragraph will be conducted in THE STATE OF nEW YORK. 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.
ENTRANTS AGREE THAT
THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A
PERIOD OF ONE
(1) YEAR FROM THE END DATE OF THE PROMOTION PERIOD.
ENTRANTS AGREE THAT
ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT
OF OR CONNECTED
WITH THE CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED
INDIVIDUALLY, WITHOUT
RESORT TO ANY FORM OF CLASS ACTION.
13. WINNER
ANNOUNCEMENT: For the name
of all the Winners in the
Promotion, send a self-addressed, stamped business size
envelope to (VT
residents may omit return postage): Barnes & Noble Survey
Sweepstakes,
Winners List Request, P.O. Box 251328, West Bloomfield, MI 48325. Requests must
be received by September
16, 2013.
14. NO
IMPLIED ENDORSEMENT: The
names of individuals, groups, companies,
products and services mentioned herein, and any corresponding
likenesses, logos
and images thereof reproduced herein, have been used for
identification
purposes only and may be the copyrighted properties and
trademarks of their
respective owners. The mention of any individual, group or
company, or the
inclusion of a product or service as the prize, does not imply
any association
with or endorsement by such individual, group or company or
the manufacturer or
distributor of such product or service and, except as
otherwise indicated, no
association or endorsement is intended or should be inferred.
NOOK® is a
registered trademark of Barnes
& Noble, Inc. All rights reserved.
© 2013
Barnes & Noble, Inc. All
rights reserved.