Shop It To Me and American Express® Premium Return Protection, Shop With Confidence Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
This promotion is in no way sponsored, endorsed or administered by Twitter®.
By participating you agree that you have read and accept these Official Rules.
(1) Promotion Description – Shop It To Me, Inc. (the “Sponsor”) is offering the “Shop With Confidence Sweepstakes” (the “Promotion”) and will award the prizes described herein via a random selection from eligible entrants. The Promotion begins at 12:00:01 AM Eastern Time (“ET”) on March 24, 2011 and ends at 11:59:59 PM ET on April 2, 2011, (“Promotion Period”). Within the Promotion Period there are ten (10) separate daily drawing periods (“Daily Drawing Periods”), each beginning at 12:01:01 AM ET and ending at 11:59:59 PM ET.
By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. By participating in the Promotion, participants agree to release, discharge and hold harmless Twitter and Promotion Entities (defined below) from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of prizes. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
(2) Eligibility – The Promotion is open to individuals who are eighteen (18) years of age or older at time of entry and who are currently residing in, and legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and all other US territories). Employees, officers and directors of the Sponsor, American Express Company, their parent companies, affiliates, subsidiaries, divisions, advertising, promotional, fulfillment and marketing agencies, (collectively “Promotion Entities”) their immediate families (parent, child, sibling & spouse) and persons living in the same households of such individuals (whether related or not), are not eligible to participate in the Promotion. Void in Puerto Rico, all other US territories where prohibited by law, rule or regulation.
(3) How to Enter – You must have a valid Twitter® account and follow @ShopItToMe and @AmericanExpress on Twitter. (You can obtain a FREE Twitter account and become a follower of @ShopItToMe and @AmericanExpress by visiting www.twitter.com. Note that you must either establish your Twitter account as public, or manually approve Shop It To Me to view your Tweets.)
- Tweet the following phrase to receive one (1) entry: “Want to win a $3,000 shopping spree w/@whitneyeveport? Follow @shoptittome @americanexpress & RT to win:http://bit.ly/fgu5Rz #NoRegrets”, (your “Tweet Entry”). There is a limit of one (1) Tweet Entry per person per Daily Drawing Period.
- Share your greatest “purchase regret” by making a comment on the promotional blog (BITLY) to receive one (1) bonus entry (“Bonus Blog Entry”). There is a limit of one (1) Bonus Blog Entry per person for the entire Promotion Period and your Bonus Blog Entry is eligible only for the Grand Prize Drawing.
- If you are an approved Shop It To Me Trendsetter as of April 2, 2011, receive one (1) bonus entry by making a post on your blog about the Promotion which includes the following link: http://bit.ly/fgu5Rz and references Shop It To Me and Premium Return Protection from American Express (“Trendsetter Bonus Entry”). There is a limit of one (1) Trendsetter Bonus Entry per Shop It To Me Trendsetter for the entire Promotion Period and your Trendsetter Bonus Entry is eligible only for the Grand Prize Drawing.
There is a limit of ten (10) Tweet Entries and one (1) Bonus Blog Entry OR Trendsetter Bonus Entry per person for a total of eleven (11) total entries per person. All Tweet Entries received in a given Daily Drawing Period are eligible for that Daily Drawing Period and will not be “rolled forward” for inclusion in subsequent Daily Drawing Periods. However all Tweet Entries received in all Daily Drawing Periods and all Bonus Blog Entries and Trendsetter Bonus Entries are eligible for the final overall Grand Prize Drawing. There is a limit of one (1) Daily Drawing Prize per person. Any attempt by any entrant to obtain more than the stated number entries by using multiple/different/duplicitous e-mail addresses and/or Twitter accounts, the use of multiple identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Entries that are incomplete, contain irregular or invalid information, or are corrupted are void and will not be accepted.
(4) Prizes – Daily Drawing Prizes: In each Daily Drawing Period one (1) winner will be randomly selected to receive one (1) $100 American Express® gift card and one (1) annual subscription for American Express® Premium Return Protection, Approximate Retail Value, (“ARV”) $150. Grand Prize: One (1) winner will be randomly selected to win a 60-minute video chat session with Whitney Port to discuss fashion selections from Shop It To Me (“Video Chat Session”) and a $3,000 Shop It To Me shopping spree (“SITM Shopping Spree”). The Video Chat Session must be completed no later than May 31, 2011 and will be scheduled based on Whitney’s Port’s schedule and availability. At the completion of the Video Chat Session and no later than fourteen (14) days after the completion of the Video Chat Session, Grand Prize winner will submit a list of items available through Shop It To Me of his or her choice up to but not to exceed $3,000 including any applicable shipping, handling and tax. Any unused portion of the SITM Shopping Spree is forfeited and there are no cash refunds. Grand Prize winner will be required to create a FREE Shop It To Me account to participate in the fulfillment process for the Grand Prize. If the Video Chat Session is not completed by May 31, 2011 for any reason, that portion of the Grand Prize is forfeited and there is no re-scheduling, substitution or cash reimbursement available. There are a total of eleven (11) prizes and the total ARV of all prizes is $4,500. The odds of winning depend upon the number of eligible entries received in any given drawing period; i.e.; if there are 1,000,000 entries received in any given drawing period, the odds of winning are 1 in 1,000,000.
(5) Prize Awarding –Daily Drawing Period winners will be randomly selected on the next business day following the conclusion of each Daily Drawing Period and notified by Direct Message by the Sponsor (“Direct Message Prize Notification”). Potential Daily Drawing winners have twenty-four (24) hours from Sponsor’s Direct Message Prize Notification to respond with complete name, mailing address and phone number, which will be used for prize fulfillment purposes. Failure to respond with requested information within by the indicated deadline with result in forfeiture of the prize. Any unclaimed Daily Drawing Prizes will not be awarded. The Grand Prize winner will be randomly selected in a random drawing conducted on or about April 6, 2011. Potential Grand Prize winner will have forty-eight (48) hours to respond to Sponsor’s Direct Message Prize Notification with his/her complete name, e-mail address and phone number. Potential Grand Prize winner will be provided with an Affidavit of Eligibility and a Liability/Publicity Release, (collectively “Affidavit”), (unless prohibited by law) via e-mail. The Affidavit must be returned within seven (7) days of Sponsor’s e-mailing of the Affidavit. The potential Grand Prize winner will also be required to send a copy of his/her passport, driver’s license, birth certificate, or other appropriate documentation (acceptable to Sponsor) as proof of age and residency. Return of potential Grand Prize winner’s Direct Message Prize Notification or Affidavit as undeliverable or noncompliance with any of these requirements will result in disqualification, forfeiture of the prize and the selection of an alternate Grand Prize winner. You must be a follower of @ShopItToMe and @AmericanExpress on Twitter at the time of Direct Message Prize Notification to be eligible to win a prize.
All Entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Promotion and any person who does not comply with these Official Rules will be ineligible for any prize(s) and may be prosecuted to the full extent of the law. Acceptance of a prize constitutes permission for Sponsor to use winner’s name and likeness solely for advertising and promotional purposes in any and all media now known or hereafter invented as Sponsor so determines without notice or further compensation, except where prohibited by law. Prize recipient shall not be permitted to (a) replace his/her designated prize with another prize or item or (b) transfer or assign his/her designated prize to another person or (c) substitute a prize or any prize component for cash. All federal, state, local, and other taxes on prizes are the sole responsibility of the person accepting the prize. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter account used to enter will be deemed to be the entrant.
(7) General – If you opt to receive Sponsor’s tweets via your wireless mobile device (which may only available via participating wireless carriers and is not required to enter), standard text messaging rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion. Participation in this Promotion by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Promotion, including to notify you if you are a potential winner in this Promotion, which will be subject to the charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile phone service may not be available in all areas. Check your phone’s capabilities for specific instructions. All decisions of the Sponsor in any matter relating to this Promotion shall be binding and final. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete and he/she is a confirmed winner. Sponsor is not responsible for technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, software, or web site, including but not limited to Twitter. Sponsor is not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, for incorrect or inaccurate entry information, howsoever caused, or other error of any kind whether human, mechanical or electronic. Entrants found tampering with or abusing any, aspect of this Promotion, including without limitation using bots, scripts or other mechanisms to automate the posting of Tweets, blogs or any aspect of the entry process as solely determined by the Sponsor and or its Promotion Administrator will be disqualified. If disqualified for any of the above abuses, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be in 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Promotion if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award prizes at random from among the eligible entries received up to the time of the impairment.
(8) Choice of Law and Dispute Resolution – This Promotion is governed by the laws of the United States and the State of California applicable to contracts made and performed in the State of California, without respect to conflict of law doctrines. As a condition of participating in this Promotion, participants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, exclusively before a court located in San Francisco, California having jurisdiction and Entrants irrevocably consent to the Jurisdiction of the courts located in San Francisco, California; and (2) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, 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. SPONSOR’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS PROMOTION, WHETHER IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE STATED ARV OF THE PRIZES OFFERED HEREUNDER. In the event any provision of these Official Rules will be held to be unenforceable, these Official Rules will continue in full force and effect without such provision. These Official Rules are intended to be the complete, final and exclusive statement of the terms of the agreement between each Entrant and the Sponsor relating to the subject matter hereof.
(9) Winners List – To request a winners list by mail, send a self-addressed stamped envelope for receipt by April 6, 2011 to: Shop It To Me No Regrets Winners List, PO Box 12055, Scottsdale, AZ 85267-2055. (WA and VT residents may omit return postage.)
Shop It To Me, Inc.
410 Townsend St., STE 150
San Francisco, CA 94107
Extra Mile Marketing
16611 N. 91st Street, STE 106
Scottsdale, AZ 85260-1523