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SYMS’ 50th ANNIERSARY GIFT CARD GIVEAWAY SWEEPSTAKES
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
PURCHASE DOES NOT INCREASE CHANCES OF WINNING.
1. WHO MAY ENTER: The SYMS’ 50th Anniversary Gift Card Giveaway Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty United States (excluding Alaska and Hawaii) and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Void where prohibited by law. Directors, officers, and employees, of Sponsor, and its respective parents, affiliated, or subsidiary companies, advertising, promotion, production services, fulfillment agencies, legal advisors, web masters and web suppliers (each a “Promotion Entity” collectively, the “Promotion Entities”), and each of their respective IRS dependents, immediate family members (children, spouse, parents, siblings) and individuals residing in their same household, whether or not related, are not eligible to enter or win. The potential prizewinner of the Sweepstakes may be required to show proof of residency. By participating in this Sweepstakes, each entrant unconditionally agrees to abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all matters relating to this Sweepstakes.
2. WHEN TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on November 5, 2009, and ends at 11:59:59 ET on November 16, 2009 (the “Sweepstakes Period”). To be eligible for this Sweepstakes, all entries must be received by Sponsor prior to the end of the Sweepstakes Period.
3. HOW TO ENTER: No purchase necessary to enter or win. Making a purchase will not improve your chances of winning. To enter, visit any SYMS retail location and complete the official entry form in its entirety, which may include without limitation, your full name, complete address (including city, state, zip code), e-mail address, and daytime phone number (including area code). There is a limit of one (1) entry per person throughout the entire Sweepstakes Period. All requested information must be included on your official entry form to be eligible to win. No mechanically reproduced, illegible, forged, software-generated, other automated or incomplete entries will be accepted. Sweepstakes entries will be deemed null and void and will be rejected if not submitted through authorized, legitimate channels. If a dispute as to the identity of any entrant cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Entry must be made by the entrant, only in the manner as set forth herein. All other methods of entry are considered void.
4. DRAWINGS AND PRIZEWINNER NOTIFICATION: One hundred and fifty one (151) prizewinners will be selected in a random prize drawing for the prizes described below. The potential prizewinner will be selected on or about November 25, 2009, from all eligible entries received throughout the Sweepstakes Period. The potential prizewinner will be notified by telephone, e-mail and/or U.S. mail on or about November 25, 2009, using the contact information provided at the time of entry. Sponsor shall have no liability for any prizewinner notification that is lost, intercepted, or not received by a potential prizewinner for any reason. If a selected prizewinner cannot be reached by telephone; e-mail, or U.S; mail, or does not respond within three (3) days of the initial attempt to notify the potential prizewinner, the prize may be forfeited and an alternate prizewinner for the prize may be selected in a random drawing from the remaining eligible entries. Sponsor will attempt to contact up to two (2) potential prizewinners in accordance with the above procedure, after which the prizes may go unawarded if the prizes remain unclaimed. If any potential prizewinner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prizewinner will be disqualified and an alternate prizewinner may be selected in a random drawing from the remaining eligible entries.
5. PRIZES/APPROXIMATE RETAIL VALUE (ARV)/ODDS OF WINNING: One (1) Grand Prize: $1,000 SYMS gift card. Fifty (50) First Prizes: $200 SYMS gift card. Fifty (50) Second Prizes: $100 SYMS gift card. Fifty (50) Third Prizes: $50 SYMS gift card. Limit: One (1) prize per person. Total approximate retail value (“ARV”) for all prizes is $18,500. Prizewinner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning depend on the actual number of eligible entries received during the Sweepstakes Period.
6. GENERAL PRIZE RESTRICTIONS: Terms and conditions of the gift card prizes apply. The prizes may only be used at SYMS retail store locations. Sponsor reserves the right to substitute prizes of comparable value if a prize listed is unavailable for any reason. The prizes are non-assignable and nontransferable. The prizes have no value until activated by a SYMS Educator at any SYMS retail location. The prizes must be applied toward purchase of merchandise only. The prizes may not be used to pay for previously purchased merchandise, and are not redeemable for cash or refundable, unless required by law. Lost, stolen, altered, damaged, or destroyed prizes will be cancelled and replaced only when required by law and only with adequate documentation. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole and absolute discretion.
7. GENERAL PRIZEWINNER CONDITIONS/PUBLICITY: The potential prizewinner is subject to verification, including claims of eligibility, age and all other claims made by prizewinner. Sponsor and its agents are not responsible for fraudulent communications including without limitation phone calls, mail, and e-mails made by or sent to entrants. The prizewinner is solely responsible for the reporting and payment of any federal, state and/or local taxes on the prize received. If any potential prizewinner declines the prizes awarded, is found to be ineligible, or fails to comply with these Official Rules, such potential prizewinner may be disqualified and will forfeit the prize he or she otherwise might have received. Upon verification of entrant’s win and compliance with these Official Rules, the prizewinner will receive further notification with details on how to claim the prize. The prizewinner will be required to execute an Affidavit of Eligibility, a Liability Release and where imposing such condition is legal, a Publicity Release (“Prize Claim Documents”). If a prizewinner is not of legal age of majority in his or her state of residence (“Minor”) at Sponsor’s option, the prize either will be awarded in the name of the parent or legal guardian of the prizewinner, or the parent or legal guardian of the prizewinner will be required to ratify and sign Prize Claim Documents. The Prize Claim Documents must be returned within the time frame indicated on the documents. If the potential prizewinner (or, in the case of a Minor, such Minor prizewinner’s parent or legal guardian) fails to return such documents within the prescribed time, or if a potential prizewinner is found to be ineligible, or if he/she does not comply with these Official Rules, then the potential prizewinner may be disqualified and an alternate prizewinner may be selected from the remaining eligible entries. All applicable U.S., federal, state, and local taxes, duties, or other taxes or fees are the sole responsibility of the prizewinner, who may be issued a 1099 IRS tax form for the ARV of any awarded prize. Acceptance of a prize constitutes permission for the Sponsor’s and its agents to use said prizewinner’s name, photograph, likeness, statements, biographical information, voice, and city and state of residence for all purposes and in all forms of media, in perpetuity, without further notice or compensation. Depiction of the prize in any advertising or promotional materials may not reflect the actual prize delivered to the prizewinner. Sponsor or its agents shall not be responsible for delays in delivery of any prize once it has been shipped by Sponsor or its agent. Prizewinner shall bear all risk of loss or damage to the prize after it has been delivered to the prizewinner.
8. USE OF INFORMATION: The information provided by entrants in connection with the Sweepstakes may be used for Sponsor’s internal purposes and to send you information about Sponsor’s products and services, but will not be provided to third parties, except as necessary for the administration of the Sweepstakes or as required by law or legal process. For more information about Sponsor’s use of personal information, see Sponsor’s privacy policy at [syms.com].
9. CONDITIONS OF PARTICIPATION: This Sweepstakes is subject to all applicable federal, state, and local laws. By entering the Sweepstakes, each entrant hereby: (a) agrees that the Promotion Entities will have no liability whatsoever for, and shall be held harmless by entrants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activity, or for any typographical or other error in the printing, offering or announcement of any prize; (b) releases the Promotion Entities from all liability, claims, action, or proceedings relating to this Sweepstakes and from injuries or damages arising in connection with or relating to participation in this Sweepstakes, or use or misuse of the prize; and (c) waives any right to claim ambiguity in the Sweepstakes or these Official Rules. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes, to void suspect entries and/or cancel, terminate or suspend any portion of this Sweepstakes should a virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes and, in any such event, at its discretion, select prizewinner(s) from eligible, non-suspect entries received prior to the event requiring such termination, cancellation or suspension. This Sweepstakes may not be used for any form of gambling.
10. GENERAL RELEASE AND RESTRICTIONS. By entering the Sweepstakes, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the U.S. District Court for the Southern District of New Jersey or the appropriate New Jersey state court located in Hudson County, NJ; (2) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the Sweepstakes; (ii) incorrect or inaccurate information whether caused by any equipment or programming associated with or utilized in connection with this Sweepstakes and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Sweepstakes and/or the use and/or misuse of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy); or (iv) the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any errors or failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the Sweepstakes entry process or operation of the Sweepstakes or to be acting in an unsportslike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if Sponsor determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select prizewinner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants or sponsor in connection with the sweepstakes or in connection with any submission or other material submitted in connection with the sweepstakes, shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other state’s laws. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these official rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. LIMITATION OF LIABILITY: IN NO EVENT WILL PROMOTION ENTITIES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
13. COPY OF OFFICIAL RULES/WINNERS LIST: To obtain a copy of the Official Rules or any legally required Winner’s List, please send a letter to Margaret Collord, SYMS Corporation, Vice President of Marketing and Advertising, 1 Syms Way, Secaucus, NJ 07094. The Winner’s List may be available for a period of sixty (60) days following the end of the Sweepstakes Period.
14. SPONSOR: SYMS Corp., 1 Syms Way, Secaucus, NJ, 07094