Wonderwall™ Hawaiian Getaway Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ENTRY INTO THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. How to Enter. Beginning on or about May 22, 2008, visit the Wonderwall website through the Internet at www.thisiswonderwall.com and click on the “Wonderwall Hawaiian Getaway Sweepstakes” (the “Sweepstakes”) link to access an Official Sweepstakes Entry Form (“Entry Form”). Complete the Entry Form by following all instructions and Click on the icon “Submit” to submit your completed Entry Form. There is a limit of one (1) entry per email address, per person and/or per family or household. Any duplicate entries, after the first, will be void.
Alternate Means of Entry: Beginning on or about May 22, 2008, you can also enter the Sweepstakes at any participating Steve & Barry’s® location. Complete the Entry Form (available while supplies last) and deposit the completed Entry Form into the entry box for your chance to win a trip to Hawaii. You must provide your full name, date of birth, complete home address, including zip code, telephone number and email address to be eligible to win. All completed Entry Forms (electronic or in-store) must be received no later than 11:59 PM EST on June 22, 2008.
Limit one (1) entry per person. No mechanically reproduced entries, alterations, facsimiles or forged entries. All entries become the sole and exclusive property of Steve & Barry's®, Steve & Barry's LLC, and all of their parents, affiliated and subsidiary companies (“Steve & Barry’s”), (collectively the “Sponsors”) and the receipt of entries will not be acknowledged or returned. Sponsors and their affiliates, subsidiaries, parent and related companies, and agencies are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsors. Sponsors are not responsible for the failure of any person to return entry forms to drawing location in a timely fashion. By entering, entrants agree to the receipt of certain marketing information from Sponsors or other third parties.
2. Start/End Times. Promotion begins via the World Wide Web on or about May 22, 2008 at 12:01 AM EST and ends at 11:59 PM EST on June 22, 2008.
3. Eligibility. Participation is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years old with a valid e-mail address as of date of entry. Void in Puerto Rico and where otherwise prohibited by law. Online entrants must have Internet access as of May 22, 2008. This promotion is intended for viewing in the United States only and shall be construed and evaluated according to United States law. Employees, officers & directors of Sponsors and their respective parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of promotion materials and their immediate families (spouse, parents, children, grandchildren, grandparents, siblings, in-laws and step-children) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. By taking part in this promotion, participants agree to be bound by these Official Rules. Sponsors reserve the right to permanently disqualify from this promotion any person they believe has intentionally violated these Official Rules. All federal, state and local laws and regulations apply.
4. Random Drawing/Odds. Winners will be selected in a random drawing from all eligible entries received. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by Steve & Barry’s on or about July 15, 2008. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes. If the winner of any of the prizes submitted their Sweepstakes entry online, Sponsors may require said winner to provide the Sponsors with proof that the winner is the authorized account holder of the e-mail address associated with the winning entry. The use of a bogus name or e-mail address will disqualify an entrant.
5. Prizes. Approximate Retail Value and Odds of Winning.
One (1) Grand Prize: A Trip for Two (2) to the island of Oahu in Hawaii, on dates to be determined by Sponsors – the Grand Prize Winner will receive: (a) Eight days/Seven nights accommodation for two (2) at a hotel from the Aqua Boutique Collection in Oahu (includes Aqua Aloha Surf & Spa, Aqua Bamboo & Spa, Aqua Coconut Waikiki, Aqua Palms & Spa, Aqua Waikiki Wave, and The Equus) of Winner’s choice (subject to availability and blackout dates set forth herein) with room selected by Sponsors, (Approximate Retail Value (“ARV”) of $1750.00); (b) Roundtrip coach air transportation for two from the major U.S. city airport nearest to Grand Prize winner’s home, as determined by Sponsors, to Hawaii on travel dates specified by Sponsors, coinciding with the previously specified dates of the hotel stay (ARV of $1,000.00); (c) transportation to and from airport and hotel (ARV of $100.00) (d) One (1) couples massage at any one of three AquaSPA locations (Aqua Aloha Surf & Spa, Aqua Bamboo & Spa, and Aqua Palms & Spa) to be selected by Grand Prize Winner (subject to availability) coinciding with the previously specified dates of travel (ARV of $200.00) and (e) a Wonderwall shopping spree at the Steve & Barry’s store in the Waikele Center in Waipahu, HI (ARV not to exceed $250.00). Total ARV of the Grand Prize: $3300.00. ARV of Grand Prize may vary based on location of winner’s residence and dates of travel. Fifteen (15) First Prizes: Each of the fifteen (15) First Prize Winner’s will receive a $100.00 Wonderwall gift card (total ARV of all First Prizes is $1500.00.) Total ARV of all prizes to be awarded: $4,800.00. Travel, accommodations and massage subject to availability. [Restrictions/blackout dates (tentatively December 13th to December 15th, 12/25, 12/31-1/2, President’s Day (3rd Monday in February), Memorial Day (last Monday in May), Labor Day (1st Monday in September), Veteran’s Day (11/11) and Thanksgiving) may apply]. Any traveler under 18 must be accompanied by a parent or legal guardian as their travel companion. Each Grand Prize Winner and their guest must travel together on the same itinerary. If Grand Prize Winner is unable to travel on dates specified by Sponsors, their prize will be forfeited and may be awarded to an alternate winner as selected by Sponsors in a random drawing from the remaining eligible entries received for this Sweepstakes. If the Grand Prize Winner lives in close proximity to destination city, as Sponsors may determine in their sole discretion, the right is reserved to substitute alternative transportation without awarding the value of the difference in costs of transportation in cash. Prizes are non-transferable and may not be sold, bartered, or exchanged in any manner. No substitutions. No cash redemptions.
The following rules also apply to the Aqua hotel stay for the Grand Prize Winner: (1) reservations must be made at least thirty (30) days prior to arrival; (2) Grand Prize Winner will receive a Q-pon or gift certificate to redeem for travel (at Sponsor’s sole discretion); (3) Q-pon or gift certificate number must be given at time of booking; (4) Original Q-pon or gift certificate (no copies) must be presented at time of check-in, otherwise, another form of payment (at Grand Prize Winner’s sole cost and expense) will be required; (5) Original Q-pon or gift certificate good only for consecutive night stays based on number of room nights on front of gift certificate/Q-pon; (6) Q-pon or gift certificate valid only at an Aqua managed hotel; (7) If Aqua no longer manages the hotel, Aqua will substitute an alternate hotel; (7) If Q-pon or gift certificate is lost, stolen or destroyed (as determined by Aqua), it will not be replaced; (8) Q-pon or gift certificate may not be applied to incidental charges for third person occupancy, crib rental, parking, laundry, business center, food and beverages or other services provided to the guests. Such charges plus applicable taxes shall be paid for in full at check-out by Grand Prize Winner; and (9) Should any winner (Grand Prize or First Prize) fail to claim their prize within ten (10) calendar days of winner’s receipt of notification of the prize's availability, the prize will be forfeited.
Prizes will be awarded as total packages and prize components cannot be awarded separately. Actual prize value will vary depending upon date and time of trip. Any difference between stated value and actual value of prizes will not be awarded in cash. All travel and accommodations subject to availability. All prizes will be available for one (1) year from date of issue. Prizes not redeemed will be forfeited and no compensation will be given.
6. Notification. Winners will be notified by email and/or by telephone on or about July 15 2008, or such other date as Sponsors shall determine in their sole and absolute discretion. Before claiming any prize, the potential winner may be required to sign and return, a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release within ten (10) days of prize notification, or the prize award may be void. If a winner is considered a minor in his/her jurisdiction of residence, the Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian.
Sponsors, and their respective parents, subsidiaries, affiliates, representatives, promotion, advertising and online technology agencies, prize suppliers and all others associated with the development or execution of this promotion, and each of their respective directors, officers, employees, agents, parent companies, subsidiaries, affiliates, managers, promotion and advertising agencies (the “Released Entities”) are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify a grand prize winner, to deliver the notification packet to the winner, or for late, lost, misdirected or unsuccessful efforts of the winner to return the affidavit and waiver. If a selected winner cannot be contacted, is ineligible, fails to claim a prize fails to return the completed and executed declaration and releases as required, or in the event of noncompliance with these promotion rules and requirements, such prize will be forfeited and an alternate winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.
7. Conditions. All federal, state and local taxes, costs and other expenses not mentioned herein are the sole responsibility of the winners. Participation in the promotion and acceptance of a prize constitutes winner’s permission for to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by winners regarding the promotion, Sponsors, or Sponsors’ products for advertising and promotional purposes without notice or additional compensation (except residents of Tennessee and where otherwise prohibited by law). By participating, entrants and winners agree to release and hold harmless the Released Entities from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in promotion, or possession, acceptance and/or use or misuse of prize or participation in any promotion related activity and for any claims based on publicity rights, defamation, invasion of privacy and or merchandise delivery. The Released Entities are not responsible if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism, or any other act which causes the promotion to be stopped. All entries become the property of Sponsors. In the event of a dispute, the “entrant” for online entries is the person in whose name the online account is held. Sponsors are not responsible for incomplete, lost, late, partial, or garbled computer transmissions, or for technical failures of any kind, including, but not limited to electronic malfunction of any network, hardware, or software which may limit an entrant’s ability to participate in this promotion. Proof of sending will not be deemed to be proof of receipt. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning. All federal, state and local laws and regulations apply.
8. Disqualification. All Official Rules must be complied with and all required releases must be provided or the winner(s) will be disqualified and the prize(s) will be forfeited and awarded to an alternate winner. Sponsors reserve the right to request valid identification and/or proof of age from the winners. Failure to present such identification, driver’s license, passport, or other valid proof of age will result in disqualification of the winner and forfeiture of the prize, and the prize will be awarded to an alternate winner, as chosen by random drawing from all remaining eligible entries received. Entrants who do not comply with these Official Rules or attempt to interfere with this promotion in any way shall be disqualified.
9. Internet. If for any reason the Internet portion of this promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsors which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this promotion, Sponsors reserve the right at their sole discretion to disqualify any individual (and his or her promotion entry) who tampers with the entry process, and to cancel, terminate, modify, or suspend the promotion or the Internet/e-mail/electronic forms portion of the promotion and void such entries, and Sponsors will select winners solely from among eligible entries received up to that time.
10. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsors in connection with promotion shall be governed by, and construed in accordance with, the substantive laws of the State of New York including procedural provisions, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's or jurisdiction's laws. Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and entrants further waive all rights to have damages multiplied or increased. Sponsors reserve the right to modify the Official Rules of this promotion in any way or at any time.
11. Miscellaneous. If any provision of these Official Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
12. Entrant’s Personal Information. Information collected from entrants is subject
to Steve & Barry’s Privacy Policy located at http://www.steveandbarrys.com/PrivacyPolicy.aspx
13. Winners’ Names. To obtain the names of the Winners or a copy of the Official Rules, send a self-addressed, stamped envelope (not applicable to residents of the State of Vermont) by December 15, 2008 to: Wonderwall Hawaiian Getaway Sweepstakes c/o Steve & Barry's, 12 Harbor Park Drive, Port Washington, NY 11050. The names of the winners may also be posted at www.steveandbarrys.com and or www.thisiswonderwall.com
14. Sponsors. The promotion is sponsored by Steve & Barry's LLC, 12 Harbor Park Drive, Port Washington, NY 11050.
15. Trademarks. Steve & Barry's® is a registered trademark of Steve & Barry's LLC, 12 Harbor Park Drive, Port Washington, NY 11050. Wonderwall™ is a trademark of Flying Pigz LLC and all other trademarks are the property of their respective owners and are used with permission.
BY ENTERING, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE OFFICIAL RULES ©2008 Steve & Barry’s LLC. All rights reserved. |