BONGO WOMENS FRAGRANCE SWEEPSTAKES OFFICIAL RULES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT ENHANCE YOUR CHANCES OF WINNING.
1. Introduction. "WIN BONGO WOMENS FRAGRANCE" (the "Sweepstakes") is sponsored by Iconix Brand Group, Inc. (the "Sponsor"). Winners will be selected at the conclusion of the Sweepstakes from among all eligible entries received during the Promotion Period (as defined below). The Sweepstakes is offered only in the Continental United States and is void where prohibited by law.
2. Timing. The Sweepstakes begins October 16, 2008 at 12:01:00 a.m. U.S. Eastern Time ("ET") and ends December 17, 2008 at 11:59:59 p.m. ET (the "Promotion Period").
3. Eligibility. The Sweepstakes is open only to legal residents of the Continental United States who are 13 years of age and over as of the date of entry. Employees, officers and directors of Sponsor and their respective affiliates, subsidiaries, agents, as well as the immediate family members (defined as parents, spouse, children, siblings and grandparents) and those living in the same household of each such employee, officer and director are not eligible to enter. By participating, entrant agrees to abide by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.
4. How to Enter. You can register for the Sweepstakes by properly completing the online entry form located at www.bongo.com. All entries become the exclusive property of the Sponsor. Proof of sending will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected entries, which will be disqualified. LIMIT: ONE (1) ENTRY PER PERSON AND PER EMAIL ACCOUNT. Use of any automated program to enter will result in disqualification. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof that he/she is the authorized account holder. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entries will not be acknowledged.
5. Selection of Winner. On or about December 22, 2008, 25 Grand Prize Winners will be selected in a random drawing from among all entries received in the Sweepstakes throughout the Promotion Period. The random drawing will be conducted by Sponsor whose decisions on all matters relating to this Sweepstakes shall be final and binding. Odds of winning depend on the number of eligible entries received. Entrants selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfillment of all requirements. Notification will be sent via e-mail and/or telephone to the selected winner. Except where prohibited, potential winners must sign and return within fourteen (14) days of attempted notification, an Affidavit of Eligibility and Liability/Publicity Release in order to claim the prize. If a winner cannot be contacted within three (3) days of the first attempt to contact him/her or if he/she fails to sign and return the Affidavit of Eligibility and Liability/Publicity release within the required time period, an alternate winner may be selected in his/her place at random.
6. Grand Prize. Twenty-five (25) grand-prize winner will one (1) bottle of Bongo Womens Fragrance.Estimated retail value of Grand Prize is $40.00. The prizes may not be exchanged for cash, is non-transferrable, non-refundable, non-saleable and must be accepted "as awarded." Sponsor reserves the right to substitute Grand Prize for a prize of like value.
7. Publicity. Except where prohibited, participation in the Sweepstakes constitutes 'winners' consent for Sponsor and Prize Provider to use 'winners' name, likeness, photograph, picture, portrait, voice, biographical information, opinions, hometown and state and/or any statements by winners and/or Grand Prize winner's travel companion regarding the Sweepstakes or Sponsor/Prize Provider for advertising and promotional purposes in any media without further notice, payment or consideration.
8. General Conditions. Sponsor reserves the right to cancel, suspend or modify the Sweepstakes if fraud, technical failures or any other factor impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the applicable prize in a random drawing from among all eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's Web site or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that, or any other provision.
9. Release. By participating in this Sweepstakes and accepting any prize, winners agree to release and hold harmless Sponsor, Prize Provider, their subsidiaries and related companies, any company involved with the Sweepstakes, and each of their respective officers, directors, employees and agents from and against any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Moreover, Grand Prize winner's travel companion must also sign a similar release in order to participate in the prize award.
10. Limitations of Liability. Sponsor and Prize Provider, as well as any companies involved with the Sweepstakes, are not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, illegible, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) electronic, human or other error which may occur in the administration of the Sweepstakes or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes, acceptance or use of any prize, or from downloading any material from Sponsor's Web site(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's Web site by a hypertext link.
11. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts located in New York, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State New York.
12. Data Collection. Sponsor collects personal information from you when you enter the Sweepstakes. The information collected is subject to the privacy policy of www.iconixbrand.com and www.bongo.com
13. Winner's List/Official Rules. For the name, city and state of the winners and/or a set of Official Rules, send a self-addressed, stamped envelope to Iconix Brand Group, Inc., ATTN: "Bongo Be A Scentsation Online Sweepstakes"
14. Sponsor. The Sponsor is Iconix Brand Group, Inc., 1450 Broadway, 8th Floor, New York, NY 10018.