|Lakeshore’s $500 E-Gift Card Fall Sweepstakes Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.
Lakeshore’s $500 E-Gift Card Fall Sweepstakes (“Sweepstakes”) starts at 2:00 p.m., Pacific Standard Time (“PST”), on Monday, October 14, 2013, and ends at 2:00 p.m., PST, on Monday, October 21, 2013 (“Sweepstakes Period”). The sponsor of the Sweepstakes is Lakeshore Learning Materials (“Lakeshore”), 2695 E. Dominguez Street, Carson, CA 90895. The Sweepstakes is subject to these Sweepstakes official rules (“Official Rules”), and by entering the Sweepstakes, entrant (“Entrant”) agrees to be bound by them and the decisions of Lakeshore, which shall be final in all matters.
ELIGIBILITY: Sweepstakes is open only to legal residents of the United States (except residents of Puerto Rico, all U.S. territories and possessions, and overseas military installations) who as of the date of their entry into the Sweepstakes are eighteen (18) years of age or older. Employees of Lakeshore, its parent company and its affiliates, as well as members of such employees’ immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in the Sweepstakes. Sweepstakes void where prohibited or restricted by law.
HOW TO ENTER: During the Sweepstakes Period, Entrants must text FALL to 89479 (“Text Entry”).
Limit one Text Entry per Entrant during the Sweepstakes Period. Lakeshore reserves sole discretion to disqualify any entry. Lakeshore’s database clock will be the official timekeeper for this Sweepstakes. By texting to enter, Entrant agrees to receive promotional offers and notifications from Lakeshore. Standard message and data rates may apply. Maximum 10 messages per month. To opt out at any time, text STOP to 89479. For help, text HELP to 89479.
ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules.
GENERAL PRIZE RULES: The Winner of any Prize is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. All Prize details are at Lakeshore’s sole discretion. Acceptance of any Prize constitutes permission (except where prohibited) granted to Lakeshore to use Winner’s name, likeness, pictures, photographs, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent.
The decision of Lakeshore will be final and binding in all matters. The odds of winning will depend on the total number of eligible entries received during the applicable Entry Period. Lakeshore will use its best efforts to notify the Winner of the Prize within five (5) business days after Winner is selected. Winner must acknowledge receipt of the notification from Lakeshore that he or she has won a Prize within seven (7) calendar days of receiving such notification from Lakeshore. Acknowledgment to Lakeshore must be sent either via e-mail to Lakeshore at the following e-mail address: email@example.com; or via telephone, by calling Lakeshore at (800) 428-4414, Monday through Friday, between the hours of 6:00 a.m. and 6:00 p.m., PST. Noncompliance within this time period or failure of potential Winner to respond to a notification attempt within seven (7) calendar days of such attempt may result in disqualification and, at Lakeshore’s discretion, an alternate Winner may be selected. If (i) any Prize or Prize notification is returned as undeliverable, (ii) a potential Winner declines his or her Prize or (iii) a potential Winner fails to comply with any of the Official Rules as outlined herein, such potential Winner will be disqualified, and an alternate Winner will be selected by random drawing at Lakeshore’s sole discretion. All Winners must meet all eligibility requirements of this Sweepstakes, including, but not limited to, the timely execution and return of all necessary releases and documents that are required by Lakeshore.
Lakeshore is not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries; technical, hardware or software failures of any kind; lost or unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; or other errors or problems that may limit or affect a personís ability to participate in the Sweepstakes, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of Prize or in any Sweepstakes-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer viruses or other events or causes beyond Lakeshore’s control, which corrupt the integrity, administration, security or proper operation of the Sweepstakes, Lakeshore reserves the right, at its sole discretion, to modify, cancel or suspend the Sweepstakes. In the event of cancellation, Lakeshore reserves the right to award Prize from among all eligible, non-suspect entries received prior to the event requiring such cancellation. False or deceptive entries or acts will render Entrant ineligible. All entries become the property of Lakeshore and will not be acknowledged or returned.
GENERAL CONDITIONS: If for any reason the Sweepstakes is not capable of running as planned, or if the Sweepstakes (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entry forms (“Entry Forms”) in accordance with these Official Rules, or if infection by computer viruses, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures or any other causes, in Lakeshore’s sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes or the granting of any Prize or any component thereof, Lakeshore reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend the Sweepstakes or any portion thereof. In the event the Sweepstakes is canceled, and to the extent possible as determined by Lakeshore, Lakeshore will conduct a random drawing to select a new Entrant from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation, and will award the Prize (or any awardable portion(s) thereof). In the event that Lakeshore determines that there are no eligible Entrants, Lakeshore reserves the right at its sole discretion not to award the Prize (or any portion thereof).
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, LAKESHORE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
RELEASE OF LIABILITY: Lakeshore expressly disclaims any responsibility, and Entrants agree to indemnify and hold harmless Lakeshore from and against any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever relating to or arising in connection with participation in this Sweepstakes (regardless of the cause of such injury, damage or loss) and/or the delivery and/or subsequent use or misuse of any Prize awarded.
By entering the Sweepstakes, each Entrant agrees (i) to be bound by these Official Rules and by all applicable laws and decisions of Lakeshore which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against Lakeshore in connection with the Sweepstakes (unless otherwise prohibited by law); and (iv) to release, indemnify and hold harmless, Lakeshore and its respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively, the “Releasees”), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights; any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity; and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and Entrant’s entry, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical errors in these Official Rules or in any Sweepstakes promotional materials; (d) acceptance of, attendance of, participation in, possession of, defects in, use of, misuse of or inability to use any Prize (or any component thereof); (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Lakeshore’s control, including, but not limited to, any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond Lakeshore’s control or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry Form (including, without limitation, the Entry Form information or any parts thereof); (i) any technical malfunctions or unavailability of the Sweepstakes site or any telephone network, computer online system, computer timing and/or dating mechanism, computer equipment, software Internet service provider or mail service utilized by Lakeshore or by Entrant; (j) interruption or inability to access the Sweepstakes, the Sweepstakes site or any other Sweepstakes-related Web pages, or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; (l) any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entry Forms; (n) any wrongful, negligent or unauthorized act or omission on the part of Lakeshore or any of its agents or employees; or (o) any lost, late, stolen, misdirected, damaged or destroyed gift card or other Prize that was sent to Winner. Winner hereby acknowledges that Lakeshore has neither made nor is in any manner responsible or liable for any expressed or implied warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the Prize or any component thereof.
ARBITRATION: BY ENTERING INTO THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES (INCLUDING, WITHOUT LIMITATION, ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
GOVERNING LAW: Each Entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
OBTAINING OFFICIAL RULES OR WINNERS LIST: For a copy of the Official Rules or Winners List (Winners List available after November 5, 2013), send a self-addressed, stamped envelope to “LAKESHORE LEARNING MATERIALS’ $500 E-GIFT CARD FALL SWEEPSTAKES” (please specify “Official Winners List” or “Official Rules”), 2695 E. Dominguez St., Carson, CA 90895, to be postmarked no later than November 30, 2013. Residents of Vermont may omit the return postage on their request.