ShopGalaTM Monthly Giveaway Contest Rules
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The ShopGalaTM Monthly Giveaway Contest (the “Promotion”) is sponsored by ShopGala LLC (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following ShopGalaTM Monthly Giveaway Contest Rules (the “Contest Rules”). Please review the Contest Rules carefully. If you do not agree to the terms and conditions of the Contest Rules in their entirety, you are not permitted to enter the Promotion. Please note that there are minimum Entry requirements for each Promotion. Where there are fewer Entries collected than the minimum required Entries specified during the Promotion Period (the “Minimum Number of Entries”) the Promotion will be void, no drawing will occur, no winners will be selected, and no Prizes (as defined below) will be awarded.
The Promotion is open only to individuals that are legal residents of, and living in, the United States and the District of Columbia, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction) and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of Sponsor, and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Contest Rules may request a printed copy by writing to: ShopGala LLC, ShopGala Monthly Giveaway Contest, 1550 Larimer Street, Suite 893, Denver, CO 80202. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
LIMITED TIME ONLY:
The Promotion period (“Promotion Period”) begins at 12:00:00 a.m. Mountain Standard Time (“MST”) on the first day of May and ends at 11:59:59 p.m. MST on the last day of May. Entries must be received prior to the expiration of the Promotion Period to be eligible for a Prize.
HOW TO ENTER:
Entrants wishing to enter the Promotion must go to the Promotion web page on the Sponsor website, located at www.shopgala.com (the “Site”), and completely fill out the online entry form by providing the required information and then submit the online form. In order to complete the online entry form, each contestant must include her/his: (a) full name; (b) full mailing address; (c) telephone number; (d) e-mail address; (e) date of birth; (f) gender; and (g) any other information requested on the entry form (collectively, “Registration Data”). Upon successful submission of all Registration Data, each individual shall receive one (1) entry in the Promotion (each, a “Form Entry”).
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s e-mail address, as collected and stored in the Promotion Database. For purposes of these Contest Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 p.m. MST on the last day of every month.
HOW TO WIN A PRIZE:
Within fifteen (15) business days of the end of the Promotion Period, Administrator will randomly select () Entries from the Promotion Database using a random computer program (“Winner Selection”). The potential Prize winners will be notified via e-mail within fifteen (15) days after Winner Selection. The potential Prize winners may be subject to eligibility verification. The potential Prize winners may be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within thirty (30) days following attempted notification. Sponsor reserves the right to send prizes without prior verification to address provided by Prize winner.
Non-compliance by a potential Prize winner within this time period may result in forfeiture of the subject Prize, with an alternative Prize winner selected; provided, however, that if Sponsor does not receive 60 properly executed Affidavits from potential Prize winners within the allotted time period after three (3) attempts to contact alternative potential Prize winners, fewer Prizes will be awarded, accordingly. In addition, the potential Prize winners may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of a Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period.
The winning Entries, as well as the associated information of the potential Prize winners, must identically match the records maintained by Sponsor and Administrator in order for a Prize to be awarded. In the event of a dispute, the information maintained by Sponsor and Administrator will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
The Prize winners shall each receive the sample selected upon registration (each, a “Prize”). The approximate retail value (“ARV”) of each Prize is no more than ten Dollars ($10.00). The Prize winners will not receive the difference between the actual Prize value and the ARV.
The Prizes are non-transferable, and no substitution will be made except as provided herein, in Sponsor’s sole discretion. Sponsor reserves the right to substitute each Prize, or any portion thereof, for a substitute of equal or greater value for any reason. Some restrictions may apply.
Any image or text of Prize may or is a registered trademark of the Prizes respective owner. Please be advised that Sponsor is not in any way affiliated with any respective owner and the Promotion is neither endorsed, nor sponsored, by the owner.
ODDS OF WINNING A PRIZE:
The odds of winning a Prize depend on the number of entrants participating in the Promotion during the Promotion Period.
To request written confirmation of the Prize winners, send a self-addressed stamped envelope to: ShopGala LLC, ShopGala Monthly Giveaway Contest, 1550 Larimer Street, Suite 893, Denver, CO 80202.
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners. Sponsor reserves the right to withhold taxes from the winning Prizes, as appropriate. Sponsor reserves the right to file a form 1099-MISC for the Prize winners.
NO SUBSTITUTION OF WINNERS:
No substitution or transfer of Prizes will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion.
Promotion entry constitutes permission for Sponsor to use entrants’ names and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Administrator and their respective representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Contest Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Contest Rules will govern.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Contest Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the Prizes, the terms and conditions of these Contest Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Sponsor and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Sponsor incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
Sponsor, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. Sponsor, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
You agree to release, indemnify and hold Sponsor, Administrator and their respective representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Contest Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Sponsor, Administrator and their respective representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual, whether or not a entrant, to damage, destroy, tamper with or vandalize the Site, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.