Win A New Look Sweepstakes Terms
Effective October 1, 2014
This Win A New Look Sweepstakes Terms (the “Official Rules”) is a contract between You and Win a New Look.
NAME OF SWEEPSTAKES: Win A New Look (the “Sponsor”) Weekly and Monthly Sweepstakes (the “Sweepstakes”).
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
BY PARTICIPATING IN A SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
IF YOU LIVE IN THE UNITED STATES, SECTION 9 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH WIN A NEW LOOK. PLEASE READ IT.
SWEEPSTAKES PERIODS: The Win A New Look Weekly Sweepstakes begins on or about 12:00:00 am EDT on Monday of every week and ends 11:59:59 pm EDT on Sunday of that same week (the “Weekly Sweepstakes Period”). A new Weekly Sweepstakes Period begins and ends every day.
The Win A New Look Monthly Sweepstakes begins on or about 12:00:00 am EDT on the first day of each month and ends at 11:59:59 pm EDT on the last of that same month (the Monthly “Sweepstakes Period”). A new Monthly Sweepstakes Period begins and ends every month.
Weekly Sweepstakes Period and Monthly Sweepstakes Period shall be referred to as “Sweepstakes Periods.”
HOW TO ENTER: There are two (2) methods of entry for this Sweepstakes; limit one (1) entry per person regardless of method of entry:
Online Entry. To enter the Sweepstakes, you must: (a) fill and submit the online form which must include all the required information; and (b) whitelist our email address in your email account so that we can send you email communications and to know we can notify you if your are a winner. If you do not white list our email address, your entries and our notifications may not be receivable. Forms that are not visible to Sponsor will not be entered into Sweepstakes.
Mail-In Entry. Legibly hand print on a 3' x 5' card your full name, complete address, e-mail address and date of birth and mail it with proper postage to Win A New Look, 301 Yamato Road, Suite 1240, Boca Raton, FL, 33498. TO PROTECT YOUR PRIVACY, WE RECOMMEND YOU SEND THE 3x5 CARD IN AN ENVELOPE. All mail-in entries will be entered into the Sweepstakes on the day they are received.
PRIZE(S): One (1) Weekly Prize will be awarded, as follows: Weekly Sweepstakes winners will receive the Prize consisting of one (1) Visa gift card valued at Fifty Dollars ($50) (the “Weekly Prize”). The approximate retail value of each Prize is Fifty Dollars ($50).
Monthly Sweepstakes winners will receive the Prize consisting of one (1) Visa gift card valued at One Thousand Five Hundred Dollars ($1500) (the “Monthly Prize”). The approximate retail value of each Prize is One Thousand Five Hundred Dollars ($1500).
ODDS OF WINNING: Odds of winning depend on the total number of entries received.
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. YOU MUST BE A WOMAN EIGHTEEN (18) YEARS OF AGE OR OLDER AND U.S. RESIDENT TO ENTER.
1. HOW TO ENTER: Win A New Look (“Sponsor”) hosts various weekly and monthly sweepstakes (each, a “Sweepstakes”) on www.winanewlook.com (the “Sweepstakes Website”). Each Sweepstakes will begin and end every day on the dates posted on the Sweepstakes Website (each a “Sweepstakes Period”). Limit (1) entry per person during the Sweepstakes Period. Every entry is automatically entered into the following Sweepstakes Period. Entries for each Sweepstakes must be received during the applicable Sweepstakes Period. For purposes of these Sweepstakes, an online entry is “received” when the Sweepstakes Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry) does not constitute proof of actual receipt of an online entry. The Sweepstakes Website’s database clock will be the official timekeeper for each Sweepstakes. All entries become property of Sponsor and will not be acknowledged or returned. Entries that are forged, altered, garbled or generated by a macro, bot, or other automated means will not be accepted and will be void. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Sweepstakes Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
2. ELIGIBILITY: Each Sweepstakes is only open to legal female residents of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age or older, at the time of entry. Employees of the Sponsor, its parent, and each of their respective divisions, affiliates, subsidiaries, advertising agencies and promotional partners associated with this Sweepstakes, and relatives of and those living in the same household as such employees (whether legally related or not) are not eligible to enter or win a Prize (defined below). For the purpose of this Sweepstakes, relatives are defined to include spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited by law.
3. ODDS/SELECTION OF WINNER(S): Odds of winning depend on number of eligible entries received for each Sweepstakes. Within two (2) days of the end of each Sweepstakes Period, a random drawing from among all eligible entries will be conducted by Sponsor’s designated agent/representative, whose decisions are final, to determine the winner(s). The winner(s) will be notified that s/he may have won a Prize in this Sweepstakes (subject to Sponsor’s verification procedures) by mail, telephone, or e-mail (at Sponsor’s sole discretion) within two (2) days of drawing, or Sponsor may choose (in Sponsor’s sole discretion) to mail the Prize(s) won to the selected winner without prior notice. If a potential winner does not respond according to the instructions contained in the notification within five (5) days from the date Sponsor sent the notification, the Prize(s) may be forfeited and an alternate winner selected in Sponsor’s sole discretion.
4. PRIZE(S): The “Weekly Prize(s)” and their approximate retail value (“ARV”) to be awarded in each Sweepstakes is $50. The “Monthly Prize(s)” and their approximate retail value (“ARV”) to be awarded in each Sweepstakes is $1500. Weekly Prize and Monthly Prize shall be referred to as “Prize(s).” To claim a Prize, you may be required to provide your correct full-name, mailing address, telephone number and/or e-mail address. Sponsor will not replace any lost or stolen Prize(s). Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the winner with the Prize(s), the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive. The value of any Prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed Prize(s) will be forfeited.
5. LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, ITS PARENT, AND EACH OF THEIR RESPECTIVE DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THOSE PARTIES (COLLECTIVELY, “SWEEPSTAKES ENTITIES”) FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING FOR INJURIES OR DAMAGES OF ANY KIND CAUSED BY ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, INCLUDING, WITHOUT LIMITATION, THE UNAUTHORIZED OR ILLEGAL ACCESS TO PERSONALLY IDENTIFIABLE OR SENSITIVE INFORMATION OR DEATH TO PERSONS OR DAMAGES TO PROPERTY RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S) AND TRAVELING TO OR FROM ANY PRIZE OR SWEEPSTAKES-RELATED ACTIVITY. WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENRAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. ADDITIONAL DISCLAIMERS: Sweepstakes Entities are not responsible and/or liable for any of the following, whether caused by a Sweepstakes Entity, the entrant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Sweepstakes Entities are not responsible, and may disqualify an entrant, if his or her e-mail address does not work or if it is changed without entrant giving prior written notice to Sponsor. Sweepstakes Entities are not responsible or liable to any entrant or to the winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the Sweepstakes Entities’ sole control.
7. GENERAL RULES: By accepting a Prize (except where prohibited by law), winner’s consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use. Sponsor’s decisions will be final in all matters relating this Sweepstakes, including interpretation of these Official Rules and awarding of the Prize(s). All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Those who do not follow all of the instructions or provide the required information in their entry form, or abide other instructions of Sponsor may be disqualified. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right, in Sponsor’s sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. If any Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in Sponsor’s sole discretion, to cancel, modify or suspend the Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize will forfeit any Prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address submitted at time of entry, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online 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. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
8. DISPUTES/GOVERNING LAW: In any such dispute, under no circumstances will an entrant 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 entrant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10.00), and entrant further waives all rights to have damages multiplied or increased.
This Sweepstakes and any dispute arising under or related thereto or to this Agreement (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without reference to its conflicts of law principles. Venue will be exclusively in the state or federal courts located in Los Angeles, California, and each entrant accepts and submits to the personal jurisdiction of these courts.
9. as a condition of participating in thE Sweepstakes, YOU EXPRESSLY AGREE TO BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES. This section applies to any dispute EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, WIN A NEW LOOK’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between You and Win A New Look concerning the Win A New Look Sweepstakes or services, the Win A New Look Site, any Win A New Look entries, the Prize awarded, the determination of the winner, or any Win A New Look email communications, or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
a. Notice of Dispute. In the event of a dispute, You or Win A New Look must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Win A New Look, ATTN: ARBITRATION, 301 Yamato Road, Suite 1240, Boca Raton, FL 33498. Win A New Look will send any Notice of Dispute to You by U.S. Mail to your address if we have it, or otherwise to Your email address. You and Win A New Look will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, You or Win A New Look may commence arbitration.
b. Binding Arbitration. If You and Win A New Look do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by individual binding arbitration governed by the Federal Arbitration Act (“FAA”). Class arbitrations are not permitted. You are giving up the right to litigate disputes in court before a judge or jury (or participate in court as a party or class member). Instead, all disputes will be resolved on an individual basis before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
c. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor Win A New Look will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
d. Arbitration Procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the services for personal or household use, or if the value of the dispute is $75,000 or less whether or not You are an individual or how You use the services, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. To commence arbitration, submit the form available at go.Win A New Look.com/fwlink/?LinkId=245497 to the AAA. You agree to commence arbitration only in the county of Your principal place of business or Palm Beach Count, Florida. Win A New Look agrees to commence arbitration only in the county of Your principal place of business. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to You individually as a court could. The arbitrator may award declaratory or injunctive relief only to You individually, and only to the extent required to satisfy your individual claim.
e. Arbitration Procedure, Costs, Fees, and Payments.
i. In any arbitration You commence, Win A New Look will seek its AAA or arbitrator’s fees and expenses, or Your filing fees it reimbursed, if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Win A New Look commences, Win A New Look will pay all filing, AAA, and arbitrator’s fees and expenses. Win A New Look will seek its attorney’s fees or expenses from You in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
g. Conflict with AAA Rules. This agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
h. Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
i. Rejecting Future Arbitration Changes. You may reject any change Win A New Look makes to this Section (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in this Section. If you do, the most recent version of this Section before the change You rejected will apply.
j. Severability. If the class action waiver in this Section is found to be illegal or unenforceable as to all or some parts of a dispute, then this Section will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Section is found to be illegal or unenforceable, that provision will be severed with the remainder of this Section remaining in full force and effect.
k. Third-Party Beneficiaries. Affiliates of Win A New Look are not parties to this agreement but are third-party beneficiaries of Your and Win A New Look’s agreement to resolve disputes through informal negotiation and arbitration. In certain countries other than the United States, Affiliates of Win A New Look will also have powers to issue invoices under this agreement and collect payments from You, including, without limitation, in court procedures. If Your dispute is with an Affiliate of Win A New Look, such Affiliate agrees to do everything Win A New Look agrees to do in this Secton, and You agree to do everything regarding the Affiliate that Section 11 requires You to do regarding Win A New Look. Mail a Notice of Dispute with an Affiliate to Win A New Look, ATTN: ARBITRATION, 301 Yamato Road, Suite 1240, Boca Raton, FL, 33498. For purposes of this Section, “Affiliate” means any legal entity that a party owns, that owns a party, or that is under its common ownership. “Ownership” means, for purposes of this definition, control of more than a 50% interest in an entity.
10. WINNER’S LIST/OFFICIAL RULES: To obtain a copy of these Official Rules or for notification of the winners, send a self-addressed stamped envelope to: Win A New Look, 301 Yamato Road, Suite 1240, Boca Raton, FL, 33498. Attention: Business & Legal Affairs. Please specify whether you are requested a copy of these Official Rules or a winner’s list and the name of the Sweepstakes. Requests for winners' lists must be received no later than three (3) months after the end of the Sweepstakes Period. Vermont residents may omit return postage with Official Rules requests.
11. SPONSOR: Win a New Look, 301 Yamato Road, Suite 1240, Boca Raton, FL, 33498. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
12. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
//End of Official Rules//