QVC, Inc. (“Sponsor”) is sponsoring the Joan Rivers' 80th Birthday Sweepstakes ("Sweepstakes").
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 18 YEARS OR OLDER TO ENTER. VOID WHERE PROHIBITED.
By entering this Sweepstakes, entrants agree to abide by all terms of these Official Rules and the decisions of the Sponsor whose decisions shall be final and binding.
- 1. ELIGIBILITY: The Sweepstakes is open to legal residents of the United States and District of Columbia, excluding Rhode Island, who are 18 years or older as of date of entry. Employees and agents of Sponsor and their parents, affiliates and subsidiaries, and their immediate families (parents, children, siblings and spouses) and their same household members are not eligible. Void outside of the United States and District of Columbia, and where prohibited by law. Void in Rhode Island and Puerto Rico. Subject to all federal, state and local laws and regulations.
2. SWEEPSTAKES ENTRY: There are two (2) ways to enter the Sweepstakes, online via www.qvc.com (“Website”) or by mail.
To enter the Sweepstakes by mail, send your name, address and daytime telephone number on a standard 4 inch by 6 inch postcard addressed to the Joan Rivers’ 80th Birthday Sweepstakes Studio Park Mail Code 202, West Chester, PA 19380 (“Mail Entry”).
To enter the Sweepstakes online, sign into your QVC account at www.qvc.com and access the QVC Community Blog page. If you do not have an existing QVC account, you must create one to enter the Sweepstakes online. No purchase is necessary to create a QVC account. Creating a QVC account requires providing your email address, a pin number, your title (i.e. Mr., Mrs.), your first name, last name, address and telephone number.Then go to the Sweepstakes Blog post (“Blog”) on the QVC Community Blog page, click the “New Reply” button and submit your response to the question, “What do you love most about Joan Rivers?”(“Submission”). A Submission includes any story, text or any other information or data in any form that an entrant submits in any manner, directly or indirectly, to Sponsor in connection with the Sweepstakes. Your Submission constitutes your entry into this Sweepstakes (“Online Entry”).
Once submitted, Submissions become the sole property of Sponsor, cannot be modified by entrant, and will not be returned. Receipt of Submission may be acknowledged, but such acknowledgment does not constitute any representation by Sponsor as to Sweepstakes eligibility. By submitting a Submission, entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission, including from the creator, if other than entrant) to Sponsor and hereby grants Sponsor a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to post entrant's Submission, name, likeness and all other information about the entrant contained in the Submission on the World Wide Web, and to otherwise use entrant's response, name, likeness and all other information about the entrant in the Submission without compensation in accordance with the requirements of this Sweepstakes and the advertising, promotion, and publicity of the Sweepstakes, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such Grant of Rights will be confirmed by potential winner upon Sponsor’s request and potential winner agrees to sign any and all necessary confirming documents without compensation of any kind (other than the prize).
Entrant further warrants and represents that he/she has fully complied with these Official Rules and that his/her Submission: (1) does not violate any law or regulation; (2) does not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy (without in any way limiting the preceding, entrant represents and warrants that he/she has obtained permission from the recipe creator if not him/herself (upon Sponsor’s request, winner must submit proof of obtaining all necessary consents); (3) is not defamatory, slanderous, libelous, scandalous or obscene; (4) is entirely entrant's own original work and entrant owns or controls all right, title and interest in the Submission, including but not limited to its copyright; (5) has not been submitted in any other competition or Promotion; (6) does not contain any virus, bugs, or other deleterious material; (7) does not contain the trademark, tradename or logo of any third party (but may contain a trademark, tradename or logo of the Sponsor); (8) does not name, depict or describe any person (living, dead, or fictional) unless entrant has first obtained the consent of any named/depicted/described person as per (2) above; (9) without limiting the foregoing, does not contain any material that is protected by copyright other than the copyright owned exclusively by the entrant, including but not limited to product labels that are subject to others’ copyright. Submissions may not (and Sponsor reserves the right to disqualify any Submissions that do): 1) include nudity or what Sponsor, in its sole discretion, considers to be obscenity, pornography, racially offensive, sexually explicit, and/or offensive language/content, hate speech or drug usage; 2) disparage Sponsor or any other party, including brands or trademarks other than those of Sponsor (this includes but is not limited to the brands/trademarks of Sponsor’s competitors); 3) depict acts of violence or aggression; 4) advocate illegal conduct of any kind. If a Submission is unable to be viewed by Sponsor for any reason whatsoever, that Submission shall be disqualified (and Released Parties, as defined below, will not be responsible or liable for any such inability).By entering a Submission, entrant agrees to indemnify and hold harmless Released Parties (as defined below) from any action or liability resulting from the publishing of his/her Submission and/or use of the Submission.
By submitting an Online Entry or Mail Entry, you are signifying that you have read, understand and agree to these Official Rules.
Limit of one (1) entry per person during the entry period either by Mail or Online. Any person who attempts to participate with entries in excess of these entry limitations will be disqualified.Any other attempted form of Sweepstakes entry is void. Any person who attempts to participate under multiple identities or uses any device or artifice to enter in excess of this entry limitation will be disqualified; use of programmed, automated or like means of entry is prohibited. All duplicate entries will be discarded. Use of multiple email addresses or QVC accounts by the same individual to enter is prohibited and such multiple entries shall be voided. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the authorized account holder of the email address associated with the QVC account of the entry, which the entrant will have the obligation to establish. Sponsor is not responsible for late, incomplete, misdirected, delayed, or undelivered entries, including without limitation inability to access Website or entries not timely received due to hardware or software errors, other technological malfunctions or failures and disruptions of any kind, Internet service provider problems or lost, late, mutilated postage-due mail. Incomplete information may result in disqualification of entry. No entries may be effected on behalf of someone else. All Mail Entries are the non-returnable property of Sponsor. All eligible entries carry an equal chance of winning.
3. SWEEPSTAKES PERIOD: The Sweepstakes begins on May 17, 2013 and ends 11:59:59 pm ET on May 25, 2013 (“Sweepstakes Period”). Online Entries must be submitted by 11:59:59 pm ET on May 25, 2013. All Mail Entries must be postmarked by May 25, 2013 and received by May 30, 2013.
4. WINNER DETERMINATION: One (1) Winner will be determined by a random drawing from all eligible entries on or about May 30, 2013. Sponsor reserves the right to delay the random drawing. The number of eligible entries received will determine the odds of winning. Winning entries are subject to validation.
5. WINNER NOTIFICATION: Sponsor or a representative of Sponsor shall contact Potential Winners on or about May 30, 2013. Potential Winners may be required to execute and return an affidavit of eligibility, liability release, and (where legal) an affidavit of publicity prior to receiving the prize. Potential Winners will have forty-eight hours from the time he/she is contacted to respond as directed and accept the prize. Noncompliance with the time period described above will result in disqualification and an alternate winner selected. Potential Winners may be required to present proof of identification prior to claiming prize. Acceptance of any prize shall require acceptance of the terms of these Official Rules and shall grant Sponsor the right to use Winners’ first name, last name and city and state of residence for any publicity associated with this Sweepstakes.
6. PRIZES: (1) Winner will receive a Joan Rivers Limited Edition Pave' Gardenia Pin Approximate Retail Value: $89.50.
Total Approximate Retail Value of prize: $89.50.
If Winner is unable or unwilling to accept the prize he/she will be disqualified and the prize forfeited; and, in such event, an alternate Winner shall be selected from among all remaining eligible entries received. Prize cannot be substituted or transferred by Winner. If a Prize must be forfeited, Winner will not be given the cash value of the prize. Prize Winner is solely responsible for all expenses not expressly included. All taxes are the responsibility of the Winner. Winner and/or parent or legal guardian may be required to sign an IRS Form 1099, Form W-9, or the equivalent for all prizes valued at $600 or greater, or for any prize as to which Sponsor, in their sole discretion, believes it is warranted. Prize provided by QVC, Inc.
- USE OF SUBMISSIONS; LICENSE: By entering the Sweepstakes or making any Submission to or for the benefit of the Sponsor, entrants hereby irrevocably grant to Sponsor a non-exclusive, sub-licensable, royalty-free, fully paid license and right to use, distribute, make derivative works from and otherwise exploit the Submission, in any manner and in any medium now known or hereafter devised, throughout the world in perpetuity, including, without limitation the right to use the Submission in whole or in part in merchandising, advertising, marketing or promotion or for any other commercial or non-commercial purpose related to the Sweepstakes or not related to the Sweepstakes. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized. Entrants agree that Sponsor shall havesole discretion in determining the extent and manner of use of Submissions and is not obligated to use any Submission.
8. CONDITIONS AND LIMITATIONS OF LIABILITY: By participating, participants agree to be bound by and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects and not subject to appeal. 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 Sweepstakes or to be acting in violation of these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsor, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies , and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns (collectively, the "Released Parties") from any and all actions, claims, loss or damage to person(s) or property arising in any manner, directly or indirectly, in whole or in part from participation in this Sweepstakes or any Sweepstakes-related activity, and/or acceptance, possession, misuse or use of any prize.
By accepting the prize, Winner authorizes the Sponsor and its designees 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, world wide, including on the World Wide Web and Internet, in perpetuity, at any time or times, in programming, advertising, trade and/or promotional material relating to this Sweepstakes or on a Winner's List (if applicable) without additional compensation or notice, review or approval (unless prohibited by law). 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.
TO THE EXTENT PERMITTED BY LAW, RELEASED PARTIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. DISPUTES: Arbitration/Choice Of Law: To the fullest extent permitted by law, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the prize, 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 (if any) 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 Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of Philadelphia, County of Philadelphia.
10. PRIVACY POLICY: The entry information provided is subject to The QVC Privacy Statement accessible via www.qvc.com. To read the QVC Policy, access the QVC Website and then click on the Privacy Statement link under the “Policies & Information” heading.
11. WINNER’S LIST: For the names of prize winners, mail a self-addressed, stamped envelope to The Joan Rivers’ 80th Birthday Sweepstakes QVC Studio Park Mail Code 202, West Chester, PA 19380.
