OFFICIAL RULES – HOME FOR THE HOLIDAYS – FACEBOOK CONTEST
1. HOW TO ENTER:
No purchase or payment of any kind is necessary to enter or win this Home For The Holidays – Social Media Contest (the “Contest”). A purchase will not increase your chance of winning the Contest. The Contest begins at 9:00 AM EST on November 18th, 2013 and ends 5:00 PM EST on November 23rd, 2013 (“Contest Period”). Beginning November 18th, 2013 at 9:00 AM EST, you may enter the Contest by commenting on the image with an answer to the question as proposed in the Facebook post. The user must also be a fan of H&M on Facebook for entry to be valid.
Incomplete, illegible, false or deceptive entries are void. Comment as many times as you like to increase your chances of winning. 3 winners will be picked throughout the contest period: 1 (one) on November 19th, 2013 from all entries received by 5:00 PM EST, 1 (one) on November 21st from all entries received by 5:00 PM EST, 1 (one) on November 23rd from all entries received by 5:00 PM EST. H&M’s computer will serve as the official time keeping device for this Contest. All entries submitted become the sole property of H&M and will neither be acknowledged nor returned.
2. ELIGIBILITY: From the official time and date of the start of the Contest Period through the final date of prize fulfillment, you must be a lawful permanent U.S. citizen and resident, currently residing in the 48 contiguous United States or the District of Columbia. The Contest is void in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions where restricted or prohibited by law. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. This Contest shall be governed by laws of the United States. Employees of H&M and their advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Contest, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Contest Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Contest.
3. DRAWING AND NOTIFICATION:
3.1 Grand Prize Drawing. The 3 (three) potential grand prize winners will be selected from all eligible entries received (“Entrants”) in a random drawing held on November 19th, 21st and 23rd of 2013 as fully stated in section 1 above by H&M, whose decisions are final and binding in all respects (“Potential Grand Prize Winner”). Odds of winning the Grand Prizes, as defined in section 4 below, depend on the number of eligible entries received. Potential Grand Prize Winners will be notified via Facebook comment. Failure of Potential Grand Prize Winners to respond to such notification with 48 hours will result in disqualification of Potential Grand Prize Winner and an alternate potential Grand Prize Winner will be selected (“Alternative Grand Prize Potential Winner”). Alternate Grand Prize Potential Winner shall be contacted as soon as practicable and shall also have 48 hours to respond. H&M reserves the right to modify the notification procedures in connection with the selection of any Alternate Grand Prize Potential winner, if any. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Grand Prize Winner”).
4. GRAND PRIZE:
4.1 The Grand Prize Winner will receive all items from the H&M Home collection that are featured in the Facebook image as part of the contest. Additional restrictions may apply. The approximate retail value ("ARV") of each Prize is $150.
4.2 Prizes are non-transferable and no substitution will be made except as provided herein at H&M’s sole discretion. H&M reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
4.3 Limit one Prize per person/household. Actual value of Prize may vary and any difference between actual value and ARV will not be awarded. Any costs associated with Prize receipt and/or use that are not expressly stated above are not included in the Prize package and are the responsibility solely of the winner and/or Guest or Grand Prize Winner and Grand Prize Guest, as applicable. Such costs may include, without limitation, any additional ground transportation, accommodations, travel to and from the event, meals, incidentals, tips, telephone calls or other personal costs and expenses not specified herein but relation to the use or acceptance of the Prize which are the sole responsibility of the Winner.
5. GENERAL PRIZE CONDITIONS:
5.1 Payments of all federal, state and local taxes are solely the responsibility of the winners. Grand Prize Winner and Guest will each be required to complete and submit an IRS form W – 9 to H&M indicating the Grand Prize Winner’s and Guest’s full Social Security Number or equivalent for the receipt of any prize(s) awarded by H&M in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the Grand Prize or Store Prize as applicable.
5.2 Submission of Entries: Entrants may submit a Submission based on these official rules. Submissions must only depict original images, which Entrant has independently created on his or her own without copying any portion of it from any other artwork. H&M may require that entrants post a new original artwork for any round of the Contest in the time specified by H&M in order to remain eligible.
6. CONTEST CONDITIONS - VOID WHERE PROHIBITED: This Contest is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of H&M and waive any and all right to claim ambiguity in the Contest or these Official Rules. Grand Prize Winner, Guest, Store Prize Winners and Entrants also agree to release, discharge, indemnify and hold harmless the Contest Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; of any acceptance, possession, ownership, misuse of any Grand Prize; or participation in any distribution; or in production errors. H&M may rescind any promotion found to contain such errors without liability at its sole discretion. THE CONTEST ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
7. RESTRICTIONS - VOID WHERE PROHIBITED: Travel and hotel accommodations are subject to availability and determined solely by H&M. The passenger contracts in use by the transportation companies shall constitutes the sole contracts with respect to Grand Prize Winner’s and Guest’s transportation and such contracts shall be solely between Grand Prize Winner and Guest, and such transportation companies. H&M may at H&M’s sole and absolute discretion: (i) provide different prizes of different or greater value; H&M shall not be liable to any Grand Prize Winner or any person claiming through such Grand Prize Winner for failure to supply the Grand Prize or any part thereof, reason of any acts of God, any action(s) regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s) regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, 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, or any other cause beyond H&M’s sole control. H&M shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whosoever by the performers/events, air carriers, hotels, or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. H&M shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. Due to the nature of the Grand Prize and, H&M shall not be obligated to provide the Grand Prize to the Potential Grand Prize Winner if a Grand Prize Winner cannot fully enjoy the Grand Prize due to illness or other reason, which shall be determined in H&M’s sole discretion. Under this circumstance, H&M may or may not seek an Alternate Potential Grand Prize Winner if it feels there is a reasonable time to do so, in its sole discretion. H&M’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. LIMITATION OF LIABILITY: Contest Entities are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Contest; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Contest or receipt or use of any Grand Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of H&M which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then H&M reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Contest and to select potential winners from among all eligible entries received by H&M up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, H&M RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
9. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS CONTEST, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTEST, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
11. RULES/WINNERS LIST: For the name and address of prize winner(s) send an email to firstname.lastname@example.org. In the subject of the email, type “Home for the Holidays – US Facebook Contest.” H&M shall only release the first name, the last initial and state of residence of Winner to those requesting this information.