Collective Voice

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. AN AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FORM MAY BE REQUIRED. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING.

WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

The “Best New Years Gift Ever” (the “Sweepstakes”) is sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, CA 94104 (the “Sponsor”). Entrant’s registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the “Official Rules”).

ELIGIBILITY: The Sweepstakes is open only to ShopSense users who earned at or above ten percent (10%) above their November, 2014 Affiliate Earnings (defined below) in the month of December, 2014, permanent, legal residents physically residing in one of the fifty (50) United States of America and the District of Columbia, and excluding all U.S. territories and possessions and all overseas military installations. All entrants must be at least eighteen (18) years of age as of the date of entry, and the age of majority in their respective state as of the date of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Sweepstakes, and their immediate family members (defined as spouses; biological, adoptive or step-parents; legal guardians; children; siblings; or grandparents; their respective spouses and any dependent under federal income tax law) or household members are not eligible to participate in or win the Sweepstakes. Winners may be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize. Void where prohibited by law. All applicable federal, state, and local laws apply.

ALL ENTRANTS MUST HAVE HAD EARNINGS FOR THE ENTIRE MONTH OF NOVEMBER 2014 IN ORDER TO BE ELIGIBLE.  THE SWEEPSTAKES IS NOT OPEN TO SHOPSENSE USERS WHO DID NOT HAVE A SHOPSENSE ACCOUNT AS OF NOVEMBER 1, 2014.

By entering or accepting a prize in this Sweepstakes, winner agrees to be bound by these Official Rules and to conform to all federal, state, and local laws and regulations. The winner will be required to execute and return to Sponsor within five (5) business days an Affidavit of Eligibility and a Liability and Publicity Release (where imposing such condition is legal) and any additional documents required by Sponsor in connection with the possibility of receiving the Grand Prize. Winner may be required to furnish proof of identity, address, and birth date in order to receive a prize. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for prizes and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in their sole discretion, to modify, cancel, or suspend this Sweepstakes should viruses, bugs, or other causes beyond Sponsor’s control corrupt the administration, security, or proper play of the Sweepstakes, or for any reason that Sponsor believe in good faith would be fair to the entrants and the conduct of the Sweepstakes. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Sweepstakes entry page to such effect.

ENTRY REQUIREMENTS: No purchase is necessary to participate in the Sweepstakes.  A purchase will not increase your chances of winning. Odds of winning will depend on the total number of entries received.

• ●      Your first and last name;
• ●      Your email address;
• ●      Your ShopSense username; and
• ●      Your ShopSense user identification (UID)

All of the steps mentioned above need to be completed between 12:00 PM PST on Monday, December 1, 2014, and 11:59 PM PST on Wednesday, December 31, 2014 (the “Entry Period”).

Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply. Entries generated by script, macro, or other automated means are void. By submitting your email address in accordance with the entry process, you agree that your registration and any other information collected in connection with the Sweepstakes may be used by Sponsor in accordance with the Sponsor’s Privacy Policy(ies), which may be found here: http://www.popsugar.com/privacy. By entering, you agree to receive emails from Sponsor.

ALTERNATIVE METHOD OF ENTRY (“AMOE”): You may also enter the Sweepstakes by mail as follows: on a plain, 3″ x 5″ index card, legibly handprint or type your ShopSense username, ShopSense UID, first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address and mail your completed 3″ x 5″ card to: “Best New Years Gift Ever” POPSUGAR Inc., 111 Sutter Street, 14^th Floor, San Francisco, CA 94104. To be considered eligible in the Sweepstakes, AMOE entries must be postmarked no later than Wednesday, December 31, 2014, and received no later than Monday, January 5, 2015

Only one (1) entry per person, per household, per ShopSense username, ShopSense UID, and per email address is permitted. All entries become property of Sponsor.

By participating in the Sweepstakes, entrant warrants and represents that his/her entry is original to the entrant and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights (including, without limitation, copyrighted images or footage), trademarks, and rights of privacy or publicity. The entrant further warrants and represents that entrant has all appropriate clearances, permissions, and releases for the entry, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph. The entrant must be able to provide on request all appropriate clearances, permissions, and releases for the entry, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph. In the event that an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable entry or seek to secure the releases and clearances for Sponsor’s benefit. The photograph may not feature nudity or obscene language or material that is libelous or defamatory.

By submitting an entry in the Sweepstakes, entrant acknowledges and agrees that Sponsor will own all entries submitted in the Sweepstakes. Each entrant hereby irrevocabl
y grants, transfers, sells, assigns, and conveys to Sponsor and its successors and assigns, all present and future right, title, and interest of every kind and nature whatsoever in and to the entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or later devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the entry for any purpose which Sponsor deems necessary or desirable. Each entrant hereby acknowledges he/she does not reserve any rights in and to his/her entry.

Notwithstanding anything to the contrary in the foregoing, information collected from entrant will only be used for direct marketing purposes if entrant consents to use in such manner. Sponsor expressly reserves the right to disqualify any entry that it believes in good faith is generated by an automated program or via scripts or otherwise in violation of any law or of these Official Rules. By participating, all entrants agree to abide by these Official Rules.

PRIZE: Two (2) Grand Prize winner(s) will receive the Grand Prize described below.

The Grand Prize is $2,500 Visa gift card. The total retail value of The Grand Prize is $2,500, and all prizes will be awarded.

The value of the gift card (s) is less any applicable activation, transaction or maintenance fees and subject to certain fees, terms, conditions, and restrictions, which will be disclosed on the gift card(s). Sponsor is not responsible if any gift card(s) are lost, stolen, destroyed, or used without permission. If the gift card(s) are lost, stolen, destroyed, or used without permission, they will not be replaced.

If a Grand Prize winner forfeits or does not claim the prize within three (3) business days of notification, prize will be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply. Decisions of Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. No substitutions (including for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any prize. Winners shall be responsible and liable for all federal, state, and local taxes on the value of their prize. If required by Sponsor, the winner must complete and return to Sponsor an IRS Form W-9 that reflects winner’s Taxpayer Identification Number or Social Security Number. The winner will receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service. To receive a complete list of winners or a copy of the Official Rules: send a self-addressed, stamped envelope to Prize Fulfillment, POPSUGAR Inc., 111 Sutter Street, 14^th Floor, San Francisco, CA 94104. Specify winner’s list or rules in your request. Please allow 6–8 weeks for prize delivery.

SELECTION:  At the end of the Entry Period, two (2) winners from all eligible entries received during the Entry Period will be chosen at random by Sponsor employees or representatives of Sponsor to receive the Grand Prize described above.  Affiliate Earnings shall mean entrant’s partner earnings as determined by Sponsor in its sole discretion using Sponsor’s internal reports and metrics, and does not include sponsored campaign flat fees.

The Sweepstakes will be conducted under the supervision of Sponsor. The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to have been submitted by the person in whose name the entrant’s email address is registered. Winner will be notified by email after the end of the Entry Period. Sponsor reserves the right to determine and to alter the method of notification. Winners must claim their prize within three (3) business days after the date of notification of such prize. A winner’s failure to respond to the prize notification within the specified three (3) business days will be considered such winner’s forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor reserves the right to ship prizes directly to the email and/or mailing address provided by winners during their entry to the Sweepstakes.

A winner’s failure to respond to the prize notification and provide Sponsor with the completed forms and releases as required within the specified three (3) business days will be considered such winner’s forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor reserves the right to ship prizes directly to the email and/or mailing address provided by winners during their entry to the Sweepstakes.

GENERAL CONDITIONS AND RELEASES: An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Official Rules, as determined in the sole discretion of Sponsor. Participation in the Sweepstakes is at entrant’s own risk. By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor, Twitter and their respective partners, subsidiaries, affiliated entities, employees, directors, officers, agents, or representatives (collectively, “Releasees”).

Releasees shall not be liable for 1) failed, returned, or misdirected notifications based on inaccurate information provided by the winner on the Sweepstakes entry form); entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged, or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; 2) any electronic miscommunications or failures; technical hardware or software failures of any kind; lost or unavailable network connections; or failed incomplete, garbled, or delayed computer transmissions which may limit an entrant’s ability to participate in the Sweepstakes; 3) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions, or other failures; delayed computer transactions or network connections that are human, mechanical, or technical in nature; or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading any part of this Sweepstakes; or 4) any warranty of fitness or merchantability of any prize or the function or operation thereof.

Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any prize. Unless prohibited by applicable law, the acceptance of the Grand Prize by the winner constitutes winner’s permission for Sponsor to use winner’s name, address (state), biographical information, and testimonials for advertising and/or publicity purposes in connection with this Sweepstakes only, worldwide and in all forms of media now known or hereafter developed, in perpetuity, and without further compensation.

This Sweepstakes shall be governed by California law without regard to its conflicts of laws provisions. By participating in this Sweepstakes, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal cour
ts of San Francisco, California for any dispute or litigation arising from or relating to this Sweepstakes.

This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter or any other organization not specifically named as a Sponsor in these Rules.