Shopapalooza Giveaway Official Rules

OFFICIAL RULES

FOR SHOPAPALOOZA GIVEAWAY SWEEPSTAKES

A complete copy of these rules can be obtained at The Happy Envelope (“Sponsor”) during normal business hours Monday through Friday.

Sponsor will conduct the Shopapalooza Giveaway Sweepstakes (“Sweepstakes”) substantially as described in these rules, and by participating, each participant agrees as follows:

1. No purchase is necessary. Void where prohibited.  All federal, state, and local regulations apply.

2. Eligibility.  This Sweepstakes is open only to legal U.S. residents age eighteen (18) years or older at the time of entry. Void where prohibited by law.  The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. Sweepstakes Period. The Sweepstakes will begin and end at the times specified by Sponsor.  Sponsor’s computer is the official time keeping device for all Sweepstakes.

4. How to Enter. Entry methods for Sweepstakes will be specified by Sponsor and entries must be received during the Sweepstakes Period to be eligible. Sponsor shall not be responsible for lost, late, incomplete, invalid, unintelligible, inappropriate, or misdirected entries, all of which will be disqualified.  In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned.  Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of a Sweepstakes. 

5. Winner Selection. Sweepstakes winners will be determined according to the method specified by Sponsor at Sponsor’s sole and exclusive discretion.  The winning entrant will be contacted using the email address provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules or the specific Sweepstakes rules).  Sponsor’s decisions as to the administration and operation of Sweepstakes and the selection of potential winners is final and binding in all matters related to the Sweepstakes. Failure to respond to the initial verification contact within four (4) days of notification will result in disqualification.

6. Verification of Potential Winner. Potential sweepstakes winners are subject to verification by Sponsor whose decisions are final and binding in all matters related to the sweepstakes. The potential winner must continue to comply with all terms and conditions of these Official Rules and/or the Office Rules of the specific Sweepstakes, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email after the date of random drawing. If a potential winner cannot be contacted or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a sweepstakes prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.

7. Prizes. Sweepstakes prizes will be as specified by Sponsor.  Winner is responsible for all taxes associated with prize receipt and/or use.  Odds of winning a Sweepstakes prize depend on a number of factors, including but not limited to the number of eligible entries received by Sponsor during the Sweepstakes Period.  Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason.

8. Entry Conditions and Release. By entering a Sweepstakes, each participant agrees to: (a) comply with and be bound by these Official Rules, the Office Rules of the specific Sweepstakes, and the decisions of Sponsor, which are binding and final in all matters relating to any Sweepstakes; (b) release and hold harmless Sponsor, The Happy Envelope, related and affiliated companies, participating sponsors, the prize suppliers, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in a Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto), exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use, non-use or misuse of the prize.

9. Publicity. Except where prohibited, participation in a Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.

10. Taxes. All State, Local, Federal, and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded in any Sweepstakes become the sole responsibility of the winner.  All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.

11. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify any Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a Sweepstakes may be a 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.

12. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or receipt or use, non-use or misuse of any 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 Sweepstakes, provided that if it is not possible to award another entry due to discontinuance or completion of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, or any other reason causes more than stated number of prizes as set forth in these Official Rules to be available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

13. Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the entrant’s place of residence; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Sweepstakes, but in no event attorneys’ fees; and (iv) 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state in which the entrant’s residence is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the entrant’s residence is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the entrant’s residence is located.

14. Entrant’s Personal Information. All entry forms gathered during the course of entry, as well as all information contained on or within, shall become the sole property of Sponsor to be used, disposed of, or destroyed in its sole discretion. Sponsor is not responsible for any incorrect or inaccurate information entered by entrants, and assumes no responsibility for any error, omission, deletion, defect, theft, or destruction or unauthorized access to a Shopapalooza website.

15. Sweepstakes Results. A winners list may be obtained thirty (30) days after the conclusion of a Sweepstakes by sending a self-addressed stamped envelope to the Sweepstakes Sponsor identified below.

SWEEPSTAKES SPONSOR: The Happy Envelope, 5605 Kingston Pike, Knoxville, TN 37919, Attn: Sweepstakes.