OFFICIAL RULES: NO PURCHASE NECESSARY TO ENTER OR WIN.
1. Sponsor/Administrator: VF Sportswear, Inc. on behalf of its Kipling North America division (“Kipling” or “Sponsor”), 11 W. 19th Street, New York, NY 10011.
2. Eligibility: The Kipling Holiday Wish List Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States or the District of Columbia (except Rhode Island), who are at least eighteen (18) years of age or older, or the age of majority in their state of residence whichever is older, as of the date of entry and who have an active e-mail account and Internet access prior to the beginning of the Sweepstakes. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, its licensees, and/or their respective parent, subsidiary, affiliated and successor companies and “immediate family members” and “household members” of such individuals, are not eligible to enter the Sweepstakes or win a prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Potential winners may be required to provide proof of U.S. legal residency upon request prior to prize award. All federal, state and local laws and regulations apply. Void in Puerto Rico and outside of the 50 United States and DC and where prohibited or restricted by law. Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate.
3. Timing: Sweepstakes begins on or about 11:00:00 A.M. (all times are Eastern Time or “ET”) on November 18, 2013, and ends at 9:00:00 A.M. on November 24, 2013 (“Sweepstakes Period”).
4. HOW TO ENTER: Visit www.kipling-usa.com (“Sweepstakes Website”) and click on the “Add to Holiday Wish List” button on any Kipling product page to indicate the products you would like to put on your holiday wish list for a minimum of five (5) Kipling products. Clicking an “Add to Holiday Wish List” button will automatically prompt a request for permission to grant the Sponsor the right to obtain your Facebook profile information to post to your Facebook timeline. Limit of one (1) entry per person or e-mail address during the entire Sweepstakes Period.
You must be a member of Facebook in order to participate. There is no fee to become a member of Facebook. You are submitting your information to Sponsor and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
5. Determination of Winner/Notification: Potential winner will be drawn at random by Sponsor on or about 11/26/13. Potential winner will be notified by e-mail and required to complete and return within seven (7) business days of receipt an Affidavit of Eligibility, a Liability Release and Indemnification, and a Publicity Release (“Affidavit”), where allowed by law. If the Affidavit is not returned within the specified time period, or if a notification or prize is returned as non-deliverable or if the potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the potential winner may be disqualified. If the potential winner is disqualified for any reason, prize may be awarded to an alternate winner. If there are no eligible entries, Sponsor reserves the right to not award any prize.
6. Prize and Approximate Retail Value (“ARV”): One (1) winner will be awarded the Kipling product(s) on the winning entry wish list up to a maximum of $1,000.00 ARV. Winner will be asked to review their wish list item(s) to confirm which product(s) they would like, however prize cannot exceed $1,000 ARV. If the total ARV of the product(s) won falls below $1,000, the balance in value will not be awarded. Any expenses not mentioned above are the winner’s responsibility. Kipling product prize images advertised represent current ARV. Sponsor is not responsible if prize images advertised are out of stock at the time of prize redemption. No substitution or transfer of prize except with Sponsor’s permission (which may be granted or withheld for any reason) or where required by law. Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. If a potential prize winner cannot accept a prize as stated herein, that prize may be forfeited in its entirety and awarded to an alternate winner. Federal, state and local taxes, if any, are the sole responsibility of the winner. Odds of winning depend on the number of eligible entries received.
7. Liability Limitations: Sweepstakes Entities (as defined below) are not responsible for failed, partial or garbled, corrupt or jumbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction, programming errors or failures, or damage or failure of any network, hardware or software that may limit a person’s ability to enter the Sweepstakes. If for any reason the Sweepstakes is not capable of running as planned, as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. In such event, Sponsor shall conduct the Sweepstakes and award the Sweepstakes prize from all eligible entries received prior to and/or after (as appropriate as solely determined by Sponsor) or otherwise award the Sweepstakes prize in a manner that is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/ modification/suspension of Sweepstakes will be posted on the Sweepstakes Website. The right is reserved by Sponsor to disqualify any individual found, at its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Sweepstakes Website, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure (whether wireless or Internet), theft or destruction or unauthorized access to (or any problems or technical malfunctions of) any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received (or the incorrect or inaccurate capture of registration, entry or other information, or the failure to capture, or loss of, any such information) on account of technical problems or traffic congestion on the Internet or at the Sweepstakes Website, or any combination thereof. Sweepstakes Entities are not responsible for any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from this Sweepstakes. Further, Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes. Entrants further agree not to damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
8. Conditions: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor shall be final and binding in all respects. By participating in this Sweepstakes, entrants agree to release and hold harmless VF Sportswear, Inc., its parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and/or prize suppliers, Facebook, 8th Bridge, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns (collectively and individually, the “Sweepstakes Entities”) from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, or property, arising in any manner, directly or indirectly, in whole or in part from participation in this Sweepstakes, or any Sweepstakes related activity, or breach or failure of any warranty or representation, and/or acceptance, possession, misuse or use of any prize. By accepting a prize, prize winner authorizes Sponsor, and those acting pursuant to Sponsor’s authority to use his/her name, voice, likeness, photograph, prize information, biographical data and city and state of residence in any media now known or hereafter discovered, worldwide, including on the World Wide Web and Internet, in perpetuity, at any time or times, in programming, advertising, trade and/or promotional material or on a winner’s list (if applicable) without additional compensation (unless prohibited by law) or notice, review or approval. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without obligation or compensation.
IN NO EVENT WILL SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. Disputes: Arbitration/Choice Of Law: Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sweepstakes Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York.
11. Winners List: For a list of winners, mail a self-addressed, stamped envelope to: Kipling Holiday Wish List Sweepstakes Winners List, Kipling NA, Attn: Marketing Department, 11 West 19th Street 6th Fl, New York, NY 10011 to be received no later than December 31, 2013.