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.
©
. Eddie
Bauer LLC.
All rights reserved.
All
currency
conversions based on listed exchange rate as of April 3, 2013.