GAIAM TV BALANCE BALL CHAIR SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: Only legal residents of all fifty states in the United States, except for Rhode Island are eligible to enter the Gaiam TV Balance Ball Chair Sweepstakes (“Sweepstakes”). Entrants must be 18 years of age or older at time of entry. Not open to employees, officers, or directors, or to members of the immediate family or household of any employee, officer, or director of Gaiam, Inc. (“Sponsor”) or any of Sponsor’s parent, subsidiary or affiliated companies or any advertising or promotion agencies involved in this Sweepstakes (collectively, the “Sweepstakes Entities”). Sweepstakes is subject to all applicable laws. Void where prohibited.
SWEEPSTAKES PERIOD: The Sweepstakes begins at 12 midnight Mountain Time ("MT") on January 16th, 2012 and ends at 11:59 p.m. MT on February 28th, 2012 (the "Sweepstakes Period"). The Sponsor’s database computer is the official time-keeping device for this Sweepstakes. By entering the Sweepstakes, you accept and agree to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
DRAWING AND WINNER NOTIFICATION: Sponsor will conduct ten random drawings for the Sweepstakes. Ten potential winners will be randomly selected by the Sweepstakes judges on March 1st from all eligible entries received during the Sweepstakes Period at the time of the drawing. Eligible entries not selected in a Sweepstakes drawing will remain eligible for subsequent drawings in this Sweepstakes.
Potential winners will be notified by telephone and/or email and/or mail using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If the potential winner does not respond within ten days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if she or he has not complied with all terms and conditions of these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
PRIZES: Ten prizes will be awarded as a result of each of the ten Sweepstakes drawings, provided a sufficient number of eligible entries have been received at the time of the Sweepstakes drawings. The prizes are: (10) [Gaiam Balance Ball Chairs]. The approximate retail value of each prize is $80, and the combined approximate retail value of all prizes is $800. Prizes must be accepted as awarded, and prizes are awarded "AS IS" with no warranty, representation, or guarantee, express or implied, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of any prize is permitted by a winner. Receipt of prize is subject to the residency and other restrictions noted above in Eligibility section. Odds of winning depend on number of eligible entries received.
GENERAL PRIZE CONDITIONS: Each winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize acceptance, receipt, and use, including, without limitation, all federal, state and local taxes on the prize. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and/or a Publicity Release (collectively, “Prize Claim Documents”) to claim any prize. Failure to sign and return the Prize Claim Documents when requested may result in disqualification and selection of alternate winner. If the winner is not of legal age of majority in her or his state of residence, at Sponsor’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all Prize Claim Documents.
GENERAL PROVISIONS: Acceptance of a prize constitutes each winner's permission for Sponsor to use of winner's name, photograph, likeness, voice, biographical information, statements, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law.
Entrants (and any minor entrant's parent or legal guardian) agree that the Sweepstakes Entities and Facebook Inc. (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose or implied warranty of merchantability.
Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delays. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, misdirected, late, lost, or damaged submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, severs, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, cable, or telephone transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, incomplete, forged, software-generated, or other automated multiple entries will be accepted.
In the event of a dispute as to the identity of the entrant, any entry will be deemed submitted by the authorized internet service account holder from which the entry was sent, provided such account holder must still meet the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom the applicable internet service account has been provided by the Internet access provider or service provider.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play, and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select a winner in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant's sole and exclusive remedy in such circumstances.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Only the type and quantity of prizes described in these Official Rules will be awarded.
DISPUTES/GOVERNING LAW & VENUE: ENTRANT AGREES THAT: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND SOLELY AND EXCLUSIVELY IN A FEDERAL OR STATE COURT LOCATED IN THE CITY AND COUNTY OF DENVER, COLORADO; ENTRANT SUBMITS TO SOLE AND EXCLUSIVE PERSONAL JURISDICTION TO SAID COURTS IN THE CITY AND COUNTY OF DENVER, COLORADO FOR ANY SUCH DISPUTE AND IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO OBJECT TO SUCH JURISDICTION; (B) 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 WILL AN ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS' FEES; AND (C) 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 LIMITATION 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 or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
WINNERS' LIST/OFFICIAL RULES: After the Sweepstakes Period ends, individuals may request a list of winners by sending a self-addressed, postage-stamped envelope to " Gaiam TV Subscribtion Sweepstakes - Winner List Request," 833 W So. Boulder Rd., PO Box 3095, Boulder, CO 80307-3095. Requests must be received by February 29th, 2012. These Officials Rules will be posted on the Website.
SPONSOR: Gaiam, Inc., 833 W So. Boulder Rd., PO Box 3095,. Boulder, CO 80307-3095