OFFICIAL 1stDIBS.COM, INC. HOLIDAY GIVEAWAY CONTEST RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. PLEASE NOTE THAT BY ENTERING THIS CONTEST FOR A CHANCE TO WIN A PRIZE YOU ARE PROVIDING INFORMATION TO 1stDIBS.COM, INC. VOID WHERE PROHIBITED. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE BINDING ON YOU, SO PLEASE READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THESE RULES REQUIRE YOU TO INDEMNIFY VARIOUS PARTIES AND LIMIT YOUR RIGHTS AND REMEDIES.
1. Eligibility: 1stdibs.com Inc.’s “Holiday Giveaway” Contest (the “Contest”) is open only to legal residents of the 50 United States, its territorial possessions and the District of Columbia who are at least eighteen (18) years old. Employees of 1stdibs.com Inc., its subsidiary, related and affiliated entities, suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of all such parties are not eligible. Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Contest Rules (the “Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Contest.
2. Sponsor: The “Sponsor” is 1stdibs.com Inc., a Delaware corporation having its principal place of business at 51 Astor Place, New York, NY 10003.
3. Timing: Contest begins on November 26, 2014 at 9 AM EST and ends on December 31, 2014 at 11:59:59 PM PST (2:59:59 AM EST) (the “Contest Period”).
4. How to Enter The Contest: For an automatic entry into this Contest, save at least five (5) items from the website www.1stdibs.com to the “Favorites” folder (a recently added feature available on the 1stdibs.com website at https://www.1stdibs.com/favorites/items/ ) during the Contest Period and you will be automatically entered in this Contest. Doing this is referred to as “Saving to Your Favorites”. You may also enter by the alternative means set forth below. NO PURCHASE IS NECESSARY.
By Saving to Your Favorites, you are automatically entered into this Contest. If you choose the alternative means to enter this Contest (below) you will be entered into this Contest when your properly filled out letter is received. These Official Rules can be found at https://www.1stdibs.com/blogs/the-study/2013/11/24/1stdibs-2014-holiday-giveaway-contest-rules/ (“Entry Page”).
You are encouraged to share your saved Favorites or wishlist on social media channels using hashtag #1stdibsHoliday, but this is not required in order for you to be entered into the Contest and will not increase your chances of winning.
Alternate entry mechanism: Send a letter with applicable postage prepaid, which must include your contact information (including your email address), along with a statement that “I have read and agree to the Official Rules for the 1stdibs.com, Inc. Holiday Giveaway Contest and confirm that I am eligible to enter such contest”, to 1stdibs.com, Inc., 51 Astor Place, New York, NY 10003. Mail entries that comply herewith will be treated on the same basis (i.e., pari passu) as entries made by saving to the Favorites folder on the 1stdibs.com website (i.e., mail entries will have no greater nor lesser chance of being selected as winning entries versus online entries).
The limit is one entry per email address, regardless of the mechanism by which you enter the Contest (whether by Saving to Your Favorites or by the alternate means provided). In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. 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. The potential winner may be required to show proof that he or she is the authorized account holder. Entries that are forged, altered, incomplete, garbled, or generated by a macro or bot or with intent to subvert the entry process are void. As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations and rules. In addition, each entrant agrees that his/her registration and any other information collected in connection with the Contest may be used by Sponsor in accordance with its privacy policy (please see 1stdibs.com’s privacy policy for more information), and that entrant automatically opts-in to receive email, Introspective (1stdibs.com’s free online magazine), or other communications from Sponsor. Entrant may subsequently opt-out of the receipt of such email or communications by following the directions in the email, communications or by contacting Sponsor directly.
In order to be valid, an entry must be received and complete in accordance with all requirements herein and in the Entry Page before the end of the Contest Period. The Contest website’s (1stdibs.com) database clock will be the official timekeeper for the Contest.
5. Winning Criteria:
Prize winners will be selected by a random drawing out of all eligible entries received. Sponsor’s decisions are final and binding with respect to all matters relating to the Contest. NOTE: Entries generated by script, macro, bot, commercial Contest subscription, vote-swapping and associated sites, voting software, entering service sites or any other automated means, and entries by any means that subvert the entry requirements or do not conform to the spirit of these Official Rules will void the applicable entry and disqualify the entrant. Participants agree to be bound by these rules and the decision of the judges, whose decisions are final.
Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.
6. Winner Notification: Potential winners will be notified by email after the random selection has been completed. Winners may be required to execute an Affidavit of Eligibility, Liability/Publicity Release (where legal) and an Assignment of Rights (the “Prize Acceptance Documents”) within five (5) days of notification or prize will be forfeited. Return of prize notification as undeliverable may result in disqualification. If any potential winner is found to be ineligible or if any potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential prize winner will be determined. In addition, if a potential winner cannot be contacted within five (5) days after the first attempt to contact such potential winner, an alternate entrant will be selected.
7. Prize/Odds: ONE GRAND PRIZE and twenty four (24) second prizes will be awarded as follows: (A) GRAND PRIZE: one(1) 1stdibs.com credit of two thousand five hundred ($2,500) dollars (ARV $2,500) usable for up to two (2) items purchased online from the 1stdibs.com website until the expiration date of the credit (as set forth below); For clarity, the credit cannot be used for more than two (2) online items/purchases (i.e., if the first item purchased is for less than $2,500, the remaining amount of credit may be used by winner towards a second purchased item, but not towards any subsequent purchase after the second purchased item; the credit expires after the second purchase even if the total amount of credit used is less than $2,500); and (B) SECOND PRIZES: Twenty Four (24) second prizes consisting of (per prize) one 1stdibs.com credit of one hundred ($100) dollars (ARV $100) usable for any single purchase from the 1stdibs website of Five Hundred ($500) dollars or more. These credits are ONLY USABLE TO PURCHASE ITEMS ON THE 1STDIBS.COM SITE AND THERE ARE MINIMUM PURCHASE REQUIREMENTS AS NOTED. Collectively, these awards may be referred to as the “Prize(s)”.
NOTE: CREDITS DO NOT HAVE CASH VALUE AND ANY UNSPENT PORTION WILL EXPIRE AND BE NULL AND VOID (AND NOT BE REFUNDED TO WINNER IN CASH) AT THE STIPULATED EXPIRATION DATE OF THE CREDIT. Credits are NOT usable towards shipping or taxes. Credits are not usable for items that have a price negotiated with the seller (i.e., credits are only usable for online purchases wholly transacted online and at a set advertised price). Credits will expire on September 16th, 2015. Credits are non-transferrable and do not have a cash value except as used to purchase goods from the 1stdibs.com website. Prize will be awarded to the applicable Winner within 30 days of his/her successfully returning the Prize Acceptance Documents (if required by Sponsor). Prize award is subject to verification of eligibility and compliance with these Official Rules.
Winner of Prize is responsible for all federal, state, and local taxes, if applicable, associated with Prize receipt and/or use. Failure to use the Prize (i.e., letting all or part of the credit amount expired unused) does not relieve the winner of his/her tax obligations associated with winning the Prize. No transfer, substitution or cash equivalent by the Winner is permitted. Sponsor reserves the right, in its sole discretion, to substitute the Prize with one of comparable or greater value. Odds of winning Prize depends on the number of eligible entries received during the Contest Period. The winner agrees that Sponsor has the right, in their sole discretion, to disqualify the winner if the winner’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of Sponsor or the law, and in such a case, the winner will still be solely responsible for all taxes and other expenses related to a Prize.
8. Favorites Folder Requirements and Indemnity for Infringement or other violations:
All items saved to your “Favorite” folder must be items available for sale on 1stdibs.com, and you must comply in all ways with these Official Rules and all policies and rules pertaining to use of the 1stdibs.com website.
By entering this Contest, each entrant agrees to release, indemnify and hold harmless Sponsor, any party that assists Sponsor with management of this Contest, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and Prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claims, damages, attorneys’ fees, costs of litigation and settlement or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, infringement of any third-party’s intellectual property rights, arising out of participation in the Contest, receipt or use or misuse of any Prize, preparing for, participating in and/or traveling to/from any Contest-related location/activity.
Each entrant grants to Sponsor and its affiliates, subsidiaries, assigns, licensees, sublicensees, agents and representatives a worldwide, royalty-free, unrestricted, perpetual, non-exclusive right and license to copy, distribute, transmit, publish, edit, exhibit, disseminate, display, reproduce, modify, morph, alter, create derivative works from and use in any way, throughout the universe and in perpetuity, each submitted Favorites list, and any reproductions or derivative works thereof, through any and all manners, formats or media now known or hereafter devised, for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license at Sponsor’s reasonable request. By entering, the entrant understands that his/her Favorites list may be posted online, in Sponsor’s sole and absolute discretion, to be viewed by members of the general public.
9. Release: Entrant hereby waives any right to royalties or other compensation arising from or related to Sponsor’s use of the Favorites list he or she submitted. Entrant hereby waives any right to inspect or approve uses of the Favorites list or to be compensated for any such uses. Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media now known or hereafter developed, worldwide, without further payment or consideration, and without notice, approval or review by winner.
The Released Parties are not liable to the winners, an entrant or any person claiming through such winner or entrant for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental entity, equipment failure, unusually severe weather, or any other cause beyond Sponsor’s sole control. In addition, Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the entrant, or by human error: lost, late, incomplete, misdirected, stolen, garbled or illegible entries or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; technical, hardware or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Contest; unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; technical or human error which may occur in the administration of the Contest or the processing of entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if this Contest is not capable of running as planned due to any computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other factor beyond Sponsor’s reasonable control that impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. 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 Contest or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, 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.
11. Limitations of Liability: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules or the rights and obligations of participants and Sponsor in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED $100, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Contest Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Contest Rules or the Prize Acceptance Documents 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 Contest Rules will not constitute a waiver of that provision. 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.
13. WINNER’S LIST. A Winner’s list will be available on https://www.1stdibs.com within a reasonable time after the close of the Contest, for a reasonable amount of time. To receive a copy of the Winner list by mail, send a stamped, self-addressed envelope to 1stdibs, Attn: “Request for ‘Holiday Giveaway’ Contest Winner’s List”, 51 Astor Place, New York, NY 10003. Vermont residents may omit return postage.
