SaveInStore® December 2015 Weekly Prize Drawing
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
Please read these rules before entering the SaveInStore® December 2015 Weekly Prize Drawing ("Sweepstakes"). You agree that by submitting an entry, you will be bound by these Official Rules and you acknowledge that you satisfy all eligibility requirements.
Sponsor. The Sweepstakes is sponsored by OnCard Marketing, Inc. d/b/a SaveInStore, 132 W. 31st Street, Suite 702, NY, NY 10001, USA ("SaveInStore" or "Sponsor").
Timing. The Sweepstakes begins December 1, 2015 at 12:00 a.m. Eastern Time ("ET") and ends December 14, 2015 at 11:59 p.m. ET ("Sweepstakes Period"). SaveInStore's computer system is the official time keeping device for this Sweepstakes. During the Sweepstakes Period, two (2) winners will be selected weekly in a random drawing from among all eligible entries received.
Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States (and D.C.) who are at least eighteen (18) years of age at the time of entry. Void where prohibited. The Sweepstakes is not open to employees or independent contractors, or immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) or those living in the same household of employees or independent contractors of Sponsor and its affiliates. All federal, state and local laws and regulations apply. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
How to Enter. To enter the Sweepstakes, during the Sweepstakes Period visit http://www.saveinstore.com and follow the links and instructions to complete your SaveInStore registration and profile. You must complete all registration and profile questions to enter. After completing the registration and all profile questions, you will automatically receive one (1) Sweepstakes entry. Entrants will be notified if they are potential winners of the Sweepstakes and provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Limit: Each entrant may enter one (1) time during the Sweepstakes Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all of that entrant's entries and that entrant may be disqualified. Use of any automated program to enter will result in disqualification. Sponsor is not responsible for lost, late, incomplete or otherwise invalid entries, which will be disqualified. The authorized account holder of the email address used to enter will be deemed to be the entrant. Each potential winner may be required to show proof of being 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.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF THEIR VALIDATION PROCESS.
Prize Drawing. Receiving a prize is contingent upon compliance with these Official Rules. Sponsor will randomly select two (2) potential winners from among all eligible entries received through the Sweepstakes, on December 8, 2015 and December 15, 2015 at approximately 5 p.m. Eastern Time during the Sweepstakes Period. The odds of winning depend on the number of eligible entries received. Sponsor will notify the potential winner by email within five (5) business days following the drawing. The potential winner will be required to sign and return an Affidavit of Eligibility and a Liability and Publicity Release which must be received by Sponsor, within seven (7) days of the date email notice is sent in order to claim the prize. The potential winner must also sign and return any additional documentation necessary for prize fulfillment as requested by Sponsor within Sponsor's designated time period. If the potential winner cannot be contacted, fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release and other required documentation within the required time period or the prize is returned as undelivered, the potential winner forfeits the prize. In the event that the potential winner is disqualified for any reason, Sponsor may select an alternate winner in a random drawing from among all eligible entries received. The prize will be fulfilled approximately 1-2 weeks after winner verification is completed.
Prizes. Two (2) prizes of a $50.00 in Amazon.com gift card will be awarded for each week of the Sweepstakes Period. Approximate Retail Value ("ARV"): $50.00. Winners must comply with terms and conditions of the Amazon.com gift cards. The winner must have or will need to create an Amazon.com account in order to redeem the Amazon.com gift cards. The Amazon.com gift cards may only be used for purchases of eligible goods on Amazon.com or certain of its affiliated websites. Redemption of the Amazon.com gift cards will be subject to the standard terms, conditions and restrictions applicable to Amazon.com gift cards. The Amazon.com gift cards cannot be redeemed for the purchase of gift cards. Except as required by law, the Amazon.com gift cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Neither Sponsor nor Amazon is responsible if any Amazon.com gift card is lost, stolen, destroyed or used without permission. If an Amazon.com gift card is lost or stolen, it will not be replaced. See www.amazon.com/gc-legal for complete terms and conditions. The Amazon.com gift cards are issued and © 2015 by ACI Gift Cards, Inc., a Washington corporation. The prize will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
Winners are solely responsible for all federal, state, and local taxes and other fees and expenses resulting from the receipt or use of the prize. No substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value if prize cannot be awarded as stated. Limit: One (1) prize per person during the Sweepstakes Period.
Publicity. Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's use of winner's name, likeness, voice, opinions, hometown and state/province for Sweepstakes purposes in any media without further payment or consideration.
General Conditions. Sponsor reserves the right to the maximum extent permitted by law and in its sole discretion to change these Official Rules or terminate, suspend or modify the Sweepstakes at any time if fraud, technical failures, unauthorized human intervention or any other factor beyond Sponsor's reasonable control corrupts or impairs the administration, security or integrity of the Sweepstakes. In such event, Sponsor reserves the right to award the prize at random from among the 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 this or any other Sweepstakes or the SaveInStore website or to be acting in violation of the Official Rules of this or any other Sweepstakes. If your entry is incomplete or if you use robotic, automatic, programmed or similar entry methods, your entry will be void. Any attempt by any person to damage Sponsor's website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and 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 provision.
Release. By receipt of any prize, winner agrees to release and hold harmless Sponsor, and its affiliates, officers, directors, employees and agents ("Released Parties") from and against any liability, loss, injury, damage, claim or cause of action, including court costs and reasonable attorney's fees, arising out of directly or indirectly, in whole or in part, participation in the Sweepstakes or receipt, use or misuse of any prize, even if caused or contributed to by the negligence of any of the Related Parties. Sponsor is not responsible for: (1) incorrect, incomplete or inaccurate entry information or late, lost, illegible or misdirected entries or entries received through impermissible or illegitimate channels, however caused and all of which will be ineligible; (2) operational or technical failures of any kind, including but not limited to the malfunctioning or unavailability of any telephone, computer, network, hardware or software; (3) printing or typographical errors in any materials associated with the Sweepstakes; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) electronic or human 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. If for any reason an entrant's entry is confirmed to have been erroneously deleted or otherwise erroneously deemed ineligible by Sponsor, entrant's sole remedy is to submit another entry, if possible. If the Sweepstakes or any part of it is discontinued for any reason, Sponsor in its sole discretion may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. If for any reason more than the stated number of prizes as set forth in these Official Rules to be available are claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
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 United States District Court for the Southern District of New York or the appropriate New York State Court located in New York County, New York; (2) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to enter the Sweepstakes and explicitly excludes any attorneys' fees; and (3) entrant waives all rights to claim indirect, punitive, incidental and consequential damages to the extent permitted by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, 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.
Privacy. All information collected in connection with this Sweepstakes is subject to the Sponsor's Privacy Policy: http://www.SaveInStore.com/privacy.
Winner List. To obtain a list of winners, please email inquiries@saveinstore.com before January 31, 2016.
Miscellaneous. The Sweepstakes and all accompanying materials are © 2015 by SaveInStore. All rights reserved. If you win, you may not transfer, assign, or redeem the prize for cash. We may substitute a prize with a prize of equal or greater value. You agree that Sponsor's decisions related to the Sweepstakes and all drawings are final. The winner agrees that, by participating in the Sweepstakes, we may use the winner's name, image or likeness in any manner and in any medium for Sponsor's promotional purposes without additional compensation, except where prohibited by law.
© 2015 SaveInStore®. All rights reserved.
Terms of Use
Welcome to our Terms of Use. OnCard Marketing, Inc., whose registered office is 132 West 31st Street, Suite 702, New York, NY 10001, ("OnCard," "us," "we" or "our") has created the following terms of use (the "Terms of Use") which govern your use of our websites, saveinstore.com, revtrax.com, verifymycoupon.com and any other websites that link to this Terms of Use (the "Site(s)"). Please read this Terms of Use agreement
carefully.
By visiting a Site, which includes any coupon, discount, promotion or other service made available on the Site (each a "Promotion"), you are agreeing to comply with and be bound by this Terms of Use and our Privacy Policy, which is incorporated into these Terms of Use. We may change the Terms of Use by posting revisions to this page. Your continued use of the Sites means that you accept all revised terms.
USER OBLIGATIONS AND RESPONSIBILITIES
You are responsible for your account. If you register for an account with us, you must provide us with current, complete and accurate registration information. You may be asked to choose a password and a user name. You are responsible for maintaining the currency, completeness and accuracy of your registration data and the confidentiality of your user name, password and other account information. You are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of your failure to comply with these requirements or someone else using your password or account, either with or without your knowledge.
You are responsible for the information you enter and your compliance with laws and other terms. You agree that: (a) you are a legal resident of the United States or Canada as indicated when you registered; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or are authorized to use the computer, mobile device and other technology you use to access any of the Sites; (d) all information entered by you into the Sites is accurate and valid; (e) you will access and utilize the Sites and Promotions in accordance with all laws, regulations and privacy policies, this Terms of Use and the terms and conditions associated with each specific Promotion; and (f) if you use PrintMyCoupon™, you will comply with the End User License Agreement, which is incorporated into these Terms of Use.
PROHIBITED USES
You agree to use the Sites only as permitted. Copying, scanning, selling, transferring, auctioning, reposting and any other unauthorized duplication or distribution of a Promotion is not permitted. In addition to these restrictions, each Promotion has its own prohibitions with which you agree to comply.
You agree not to engage or attempt to engage in potentially harmful acts directed against our Sites, Promotions or customers.
This includes:
- Violating or attempting to violate any security feature of the Sites, the Promotions or any application, software or service available therefrom (together the "Services");
- Interfering or attempting to interfere with the use of our Sites, Promotions, Services or network, systems, including by spamming or introducing a virus or other malicious code;
- Tampering with or modifying in any manner with (including functionality, operation, or security) the Sites, the Services or any Promotion;
- Engaging in "mirroring," "framing" or otherwise simulating the appearance or function of our Sites or any Promotion; and
- Hyperlinking to a Promotion or the Sites from any other website without our prior written consent.
OWNERSHIP RIGHTS
We own what is on our Sites. All content and materials on or related to our Sites, Promotions and Services, including, but not limited to, trade names, logos, trademarks, service marks, trade dress, software, images, audio, video, photographs, forms, data, text, graphics, icons, and other information and material ("Site Content") are our property or the property of our customers or licensors, and is protected by copyrights, trademarks, trade secrets, patents and/or other intellectual property rights. All Site Content is copyright protected as individual works and as a collective work under copyright laws and pursuant to international treaties. We own a copyright in the arrangement, selection, coordination and enhancement of the Site Content. You understand and agree that these rights are valid and protected in all media, forms and technologies existing now or hereinafter developed. You further acknowledge and agree that we own and shall retain all right, title and interest in the (a) Site Content, (b) bar codes, designs, ideas, processes, methodologies, forms and formats, materials, software, Internet domain names, arrangement of content, distinctive and original layout and presentation on or related to the Sites, Promotions or Services, and (c) derivative works or enhancements to any of the foregoing.
You agree to certain limitations on your use of our Sites Content and property. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Site Content, Promotions, Services or other information obtained from or through the Sites, in whole or in part, without our express written permission or as expressly authorized on the Site.
You agree that violation of these Terms of Use causes significant harm. You understand and acknowledge that unauthorized use, copying or disclosure of the Site Content, Promotions or Services may cause us, our customers and licensors irreparable injury, which may not be remedied at law, and you agree that we, our customers’ and our licensors' remedies for breach of these Terms of Use may be in equity by way of injunctive or other equitable relief and such equitable remedies can be pursued without the posting of a bond or without necessity for proving monetary damages by the injured party.
THIRD PARTY SITES AND VENDORS
The products advertised through Promotions are offered by third parties, not us. The purchase, use of and all other matters concerning the products are solely between you and such businesses. We do not endorse, warrant or guarantee such products, and are not responsible nor liable for the accuracy, completeness or usefulness of Site Content related to such products.
We have no responsibility for the content of the linked site(s). From time to time, the Sites may also include links to other sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the site(s).
When you use a third party product or service available through the Sites, you agree to the third party’s terms and conditions. We or our customers may use third party vendors with respect to the Promotions. You are responsible for reviewing and understanding the privacy and other policies of the applicable ad and third party vendor(s). You understand that certain Promotions may be subject to standard data and other fees from your provider.
GENERAL TERMS:
We may use information collected to provide you with a personalized experience on the Site. The Sites uses cookies and other methods to monitor your activities on the Sites. The collection and use of information is governed by our Privacy Policy.
We may, from time to time, offer contests, sweepstakes, games or rewards programs on the Sites. Please refer to the terms of respective promotions for additional rules information, including information on entering and winning.
You agree that these Terms of Use are a valid, binding contract between you and us. You agree that the Terms of Use comply with applicable contractual, statutory, and other legal requirements and are legally enforceable as a signed writing against you. If any portion of this Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of the Terms of Use. No waiver by us of any breach or default of this Terms of Use will constitute a continuing waiver of the breach or default or be deemed to be a waiver of any prior or subsequent breach or default. The Terms of Use represents the complete agreement between us and you regarding the Sites, Promotions and Services and supersedes all prior agreements and representations between us and you.
WARRANTIES, DISCLAIMERS, INDEMNIFICATION AND RELEASE
THE SITES, PROMOTIONS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE SITES, PROMOTIONS OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
YOU ACKNOWLEDGE AND AGREE THAT WITH RESPECT TO THE SITES, THE PROMOTIONS AND THE SERVICES, WE SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE TO ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE SITES, THE PROMOTIONS AND THE SERVICES. YOU AGREE THE SITES ARE USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT RESULTS FROM SUCH USE. WE ALSO SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, SYSTEMS OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITES, PROMOTIONS OR SERVICES.
In no event shall we, our affiliates, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Sites, the Site contents, or the Promotions, be liable to any person or entity for any direct, indirect, incidental, special, compensatory, consequential or punitive damages, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, performance or non-performance of the Sites, Promotions or Services; (iii) unauthorized access to or tampering with the Sites, Promotions or Services, including your personal information or transmissions; (iv) the provision or failure to provide any Service; (v) errors or inaccuracies contained on the Sites, Promotions or Services; (vi) any transactions entered into using the Sites, Promotions or Services; (vii) any property damage including damage to your computer system caused by viruses or other harmful components due to use of the Sites, Promotions or Services or any site to or from which it hyperlink. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damage.
You agree to indemnify, defend and hold harmless us, our agents, licensors and affiliates, and their respective officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this agreement, or otherwise arising in any way out of your use of the Sites, Services or the Promotions. You agree to cooperate fully with us in asserting any available defenses in connection with a claim subject to indemnification by you under this agreement.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE DISCLAIMERS OR EXCLUSIONS OR LIMITATIONS OF CERTAIN WARRANTIES MAY NOT APPLY TO YOU. IF ANY OF THE PROVISIONS OF THESE TERMS OF USE ARE HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE VOID OR UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY AND REPLACED WITH A VALID PROVISION THAT BEST EMBODIES THE INTENT OF THESE TERMS OF USE AND THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
JURISDICTION
You agree to binding arbitration and waive rights to participate in a class action. Any dispute relating in any way to your use of the Sites, Promotions and Services shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against us.
The Terms of Use and your use of the Sites, Promotions and services are governed by and subject to the laws of the State of New York, without regard to its conflict of laws provisions. To the extent any claim is brought before a court of law, you irrevocably and unconditionally agree to the exclusive jurisdiction of the courts located in New York, New York for all matters arising out of these Terms of Use and your use of the Sites, Promotions and Services and waive all rights to a jury trial.
QUESTIONS AND CONTACT INFORMATION
Questions regarding these Terms of Use can be addressed to: OnCard Marketing, Inc. 132 West 31st Street, Suite 702 New York, NY 10001 Attn: Privacy Officer For SaveInStore™ inquiries: privacy@saveinstore.com For other inquiries: privacy@revtrax.com Last Modified: December 1, 2015