EDDIE BAUER® 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 OFTHE 50 UNITED STATES, DISTRICT OF COLUMBIA AND CANADA (EXCLUDING THE PROVINCE OF QUEBEC), WHO, AS OF TIME OF ENTRY, ARE 18 YEARS OR OLDER.

 

VOID ELSEWHERE AND WHERE RESTRICTED OR PROHIBITED BY LAW.

 

The Eddie Bauer® Survey Sweepstakes (“Sweepstakes”) is sponsored by Eddie Bauer LLC (“Sponsor”), 10401 NE 8th St., Suite 500, Bellevue, WA USA 98004-4346 and is administered by Prize Logic, LLC, an independent judging organization (“Administrator”), 25200 Telegraph Road Suite 405, Southfield, MI USA 48033.

 

1.    SWEEPSTAKES PERIOD:  The Sweepstakes starts on July 8, 2013 at 12:00 AM (midnight) Eastern Time (“ET”) and ends on June 29, 2014 at 11:59:59 PM ET (“Promotion Period“). The Sweepstakes consists of twelve (12) separate periodic sweepstakes (individually, “Sweepstakes Period”) as set forth in Section 4 of these Official Rules. The Sweepstakes is subject to all applicable federal, state, provincial, territorial and local laws and regulations. The Sponsor’s computer is the official Sweepstakes clock.

 

2.    ELIGIBILITY:  The Sweepstakes is open only to permanent, legal residents who are physically residing in one (1) of the fifty (50) United States, the District of Columbia or Canada (excluding Quebec), and who are at least eighteen (18) years of age or older at time of entry (“Entrant”). Void in Quebec, 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 Sweepstakes (“Sweepstakes 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 Sweepstakes.

 

Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

3.    METHODS OF ENTRY:  An Entrant may enter using one (1) of the following two (2) methods of entry: 

 

A.   Entry Method 1:  After completing a purchase at a participating Eddie Bauer retail store, the customer will receive an invitation to participate in a survey (“Survey”). This invitation will be printed on the Eddie Bauer receipt. Under this method of entry, the customer must complete the Survey, which will automatically enter the customer into the Sweepstakes. 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 Sweepstakes. If the customer is an eligible Entrant and wishes to participate in the Sweepstakes, he/she must then enter the requested registration information, which may include, but is not limited to: complete first and last name (initials are not permitted), valid e-mail address, complete street address (P.O. Boxes are not accepted), city, state/province/territory, ZIP Code/postal code, telephone number and age.

 

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, the individual may visit https://survey.foreseeresults.com/store/controller?id=6f267872&flow=SS and follow the steps to enter the Sweepstakes, including providing the requested registration information.

 

C.   General Conditions of Entry:  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 Sweepstakes once per calendar day during the Sweepstakes Period. A calendar day starts at 12:00 AM ET (midnight) and ends at 11:59:59 PM ET each day during the Sweepstakes 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 five (5) potential winners (individually, “Winner” and collectively, “Winners”) 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 over 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

7/8/2013

7/31/2013

8/9/2013

8/20/2013

2

8/1/2013

8/31/2013

9/10/2013

9/19/2013

3

9/1/2013

9/30/2013

10/9/2013

10/18/2013

4

10/1/2013

10/31/2013

11/11/2013

11/20/2013

5

11/1/2013

11/30/2013

12/10/2013

12/19/2013

6

12/1/2013

12/31/2013

1/9/2014

1/20/2014

7

1/1/2014

1/31/2014

2/11/2014

2/20/2014

8

2/1/2014

2/28/2014

3/11/2014

3/20/2014

9

3/1/2014

3/31/2014

4/9/2014

4/18/2014

10

4/1/2014

4/30/2014

5/9/2014

5/20/2014

11

5/1/2014

5/31/2014

6/10/2014

6/19/2014

12

6/1/2014

6/29/2014*

7/9/2014

7/18/2014

 

* Purchases must be made in-store by June 29, 2014, but customers will still have seven (7) calendar days to enter the Sweepstakes.

 

 

5.    PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

 

A.   Prizes (5 per Sweepstakes Period):  Each Sweepstakes Period, five (5) Winners will each receive a USD $100 Eddie Bauer Gift Card(“Prize”). ARV of each Prize: USD $100/ CAD $101.

 

B.   Total ARV:  The total ARV of all available Prizes in each Sweepstakes Period is USD $500/ CAD $505.

 

C.   General Conditions on Prizes:  Prizes are denominated in US Dollars. Each Prize is redeemable for merchandise purchased at Eddie Bauer only and is not redeemable for cash.  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. Sponsor is not responsible for lost, stolen or unauthorized use of Prize. Each Prize is subject to the terms and conditions set forth thereon.

 

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 and fees associated with the acceptance and/or use of a Prize are the Winner’s sole responsibility. 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

6.    ODDS OF WINNING:  The 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 set forth in Section 4 of these Official Rules at the e-mail address provided at the time of entry. For Canadian residents only, to be declared a Winner, each potential Canadian Winner must answer correctly, without assistance of any kind, a mathematical skill-testing question posed by e-mail. If a selected potential Canadian Winner fails to correctly answer the question, he/she will be disqualified and another Entrant will be randomly chosen.

 

If a potential Winner is ineligible for any reason, 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. Federal, state, provincial, territorial and/or local taxes imposed on Prizes are the sole responsibility of each Winner. Administrator will ship the Prize directly to the Winner within approximately 6 to 8 weeks of the Notification Date.

 

8.    CONDITIONS:  By entering the Sweepstakes, each Entrant agrees for Entrant and for Entrant’s heirs, executors and administrators (a) to release and hold harmless Sweepstakes 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 Sweepstakes 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 Sweepstakes 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, to the posting of such Entrant’s name on Facebook, Twitter or any other social media site and 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 Sweepstakes 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 Sweepstakes 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 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 and fitness for a particular purpose. Sweepstakes 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 SWEEPSTAKES 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 Sweepstakes and otherwise in accordance with Sponsor’s Privacy Policy located at http://www.eddiebauer.com/custserv/custserv.jsp?sectionId=310. 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 Entrant’s or any other person’s computers relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 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 e-mail 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 Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, the processing of entries, the announcement of a 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, ThIS Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of WASHINGTON, and the forum and venue for any dispute shall be in THE COUNTY OF KING, WASHINGTON. 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 THE AMERICAN ARBITRATION ASSOciatION in accordance with its Arbitration Rules and Procedures or subsequent versions thereof (“AAA Rules”).  The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in WASHINGTON.  All proceedings brought pursuant to this paragraph will be conducted in KING COUNTY, WASHINGTON. 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 RESCIND THIS AGREEMENT OR 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 ACCRUED, 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 Sweepstakes 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 her right to a jury trial.

 

13.  GENERAL:  Any attempted form of participation in this Sweepstakes other than as described herein is void. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s and/or Administrator’s interpretation of these Official Rules are final and binding in all matters related to the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail

 

14.  WINNERS LIST:  For a list of Winners in the Sweepstakes, send a self-addressed, stamped business size envelope to (VT and Canadian residents may omit return postage): Eddie Bauer Survey Sweepstakes, Winners List Request, P.O. Box 251328, West Bloomfield, MI USA 48325. Requests must be received by August 15, 2014. 

 

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All currency conversions based on listed exchange rate as of April 3, 2013.