No purchase necessary to enter or win. Product purchase will not enhance chances of winning a prize.
1. ELIGIBILITY
The Hillary & Charles Sweepstakes (the "Sweepstakes" or "Promotion") is offered and open only to legal residents of United States at least 18 years old at the time of entry. Employees and directors of Hillary & Charles (H&C), and Prudential Realty, their parents, affiliated and subsidiary companies, advertising and promotion agencies, judges and legal advisors, and the immediate family or members of the households of such employees and directors are not eligible. By entering, you agree to these Official Rules and the decisions of H&C which are final and binding in all respects.
Void where prohibited.
2. PROMOTIONAL PERIOD
Promotional period begins on February 24, 2005 at 5:00 a.m. Pacific Time (PT), and ends on March 1, 2005 at 11:59:59 p.m. PT ("Promotional Period"). The Promotional Period shall consist of consecutive 24-hour periods (each a "Day") commencing as of 5:00 a.m. PT each day and ending on the following day at 4:59:59 a.m. PT, except that the final Day of the Promotional Period shall end at 11:59 p.m. PT. Sponsor reserves the right to terminate the promotion by giving notice during any calendar month, deemed appropriate by Sponsor, in which case the Promotion will terminate on the last day of that calendar month. The Prize will nevertheless be awarded as stated below in the event of any early termination based upon all entries received prior to the moment of termination.
3. ENTRY
There is two ways to enter: The Internet Method and the Call-In Method.
Internet Method: To enter this sweepstakes your computer must accept cookies, or any successor or similar technology (whether now known or hereafter devised or discovered) which may be used by Sponsor for the purpose of tracking entries into this Sweepstakes.
To enter the Hillary & Charles Annual Sweepstakes by means of the Internet, access the Hillary & Charles.com web site located at "http://www.HillaryAndCharles.com". Complete the registration form for membership in the Hillary & Charles web service (if you have not already registered) by filling out your full name, complete home address, including zip code, home telephone number (including area code), date of birth, gender, email address, and any other requested fields and follow the instructions at the web site. By becoming a registered member of the Hillary & Charles service you incur no obligations other than your agreement to be bound by the Hillary & Charles Privacy Policy and to receive emails from Hillary & Charles. You may opt-out of the receipt of such email by following the directions in any email you receive or as posted on the web site.
Call-in Method: To register call 949.499.0097 give your full name, complete home address including zip code, home telephone number with area code, date of birth, gender, email address (if available),
Unless otherwise specified in writing on the Hillary & Charles web site, any other attempt at Internet, email or call-in entry is void.
Entrants may not enter with multiple email and/or multiple identities nor may entrants use any other device or artifice to obtain more than 1 entry. Any entrant who attempts to participate with multiple email and/or multiple identities or uses any device or artifice to obtain more than the maximum number of entries may be disqualified.
4. DRAWING
One Prize Winner will be selected by random drawing from all eligible entries received. Drawing for the Prize will take place on or about 3/1/05. Drawing will be conducted under the supervision of DMM Professional. Once the Prize Winner has been selected, the amount of the Prize shall be delivered as described in Section 5 of these Rules.
5. PRIZE
Prize: There will be one Prize awarded for the entire Promotional Period. The Prize winner will receive One Hundred ($100) paid as gift certificate to Nordstrom, Inc. All prizes are expressed in U.S. Dollars.
Taxes are the sole responsibility of winner.
6. GENERAL CONDITIONS
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site; to be in violation of the Terms of Service of the web site; to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any such methods will be disqualified.
If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes and conduct a random drawing to award the Prize using all eligible non-suspect entries received as of the termination date. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at "http://www.HillaryAndCharles.com".
ANY ATTEMPT 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 OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
7. LIMITATIONS OF LIABILITY
Sponsor is not responsible for late, lost, illegible, misdirected, stolen, undelivered, separated, or postage due entries or mail, and Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to its web sites. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof.
Sponsor is not responsible for any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by web site users, tampering or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the web site.
IN NO EVENT WILL SPONSOR, DMM Professional, OR THEIR PARENTS, 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 OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROMOTION, ACCESS TO AND USE OF INTERNET SITE WWW.HILLARYANDCHARLES.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE AND IN THIS PROMOTION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE 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.
8. ARBITRATION AND DISPUTES
As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor and DMM Professional in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the County of Orange.
In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
9. WINNERS LIST
For name of the Prize winner mail a self-addressed stamped envelope for receipt by May 1, 2005 to: Hillary & Charles Prize Winner, 32356 South Cost Highway, Laguna Beach, CA 92651. For Official Rules mail a self-addressed stamped envelope to the above address marked "Official Rules: Hillary & Charles Sweepstakes" for receipt by March 1, 2005 or phone 1-949-499.0097 by 11:59 a.m. PT on February 27, 2005. The names of winners will also be posted at
http://www.HillaryandCharles.com
Sponsored by: Hillary & Charles ("Sponsor")
32356 South Cost Highway, Laguna Beach, CA 92651.