The "PACK YOUR BAGS WITH MARTIN + OSA" SWEEPSTAKES ("Sweepstakes") starts at 12:00:01 a.m. Eastern Time ("ET") on 11/1/08 and ends at 11:59:59 p.m. (ET) on 11/30/08 for Online entry ("Online Entry Period") and at close of business (local time to participating retail location) on 11/30/08 for in-store entry as detailed below. The sponsor of this Sweepstakes is Martin + Osa, 77 Hot Metal Street, Pittsburgh, PA 15203 ("Sponsor"). The Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.
ELIGIBILITY: THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (EXCEPT RESIDENTS OF RHODE ISLAND, PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND OVERSEAS MILITARY INSTALLATIONS) AND CANADA (EXCLUDING THE PROVINCE OF QUEBEC) (Collectively, THE "ELIGIBILITY AREA"), TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF THE DATE OF THEIR ENTRY. Employees and their families (defined as parent, child, sibling and spouses) of the Sponsor, American Eagle Outfitters, Inc., West Coast Marketing, a division of the Susquehanna Hat Company ("West Coast Marketing"), their respective affiliates, subsidiaries, parent companies and agencies (collectively, the "Promotion Parties") and those living in the household of same (whether related or not) are not eligible to enter or win. By entering this Sweepstakes, entrants agree to abide by all terms of these Official Rules. All U.S. Federal, state and local rules and regulations apply. Void outside the specific Eligibility Area stated above and where prohibited or restricted by law. By entering this Sweepstakes, entrants agree to abide by all terms of these Official Rules. By registering to enter the Sweepstakes, entrant affirms that they have read and accepted these Official Sweepstakes Rules.
HOW TO ENTER: There are two (2) ways to enter the Sweepstakes; via online entry and in-store as follows:
How to enter the Sweepstakes online: To enter the Sweepstakes online, visit the Sweepstakes website at http://www.martinandosa.com (the "Entry Site") during the Online Entry Period, and follow the Sweepstakes entry directions; providing your first and last name, address, city, state/province, zip/postal code, country, daytime telephone number, date of birth and e-mail address ("Online Entry"). ALL ONLINE ENTRIES MUST BE RECEIVED NO LATER THAN 11:59:59 PM (ET) ON 11/30/08.
How to enter at a participating Martin + Osa retail location: On an Official Entry Form (available while supplies last at all participating Martin + Osa retail locations), or on a 3" x 5" piece of paper, handprint (no mechanical reproductions accepted) your name, address, daytime telephone number, date of birth and e-mail address. Deposit your completed entry in the "PACK YOUR BAGS WITH MARTIN + OSA" SWEEPSTAKES display at the participating Martin + Osa retail location ("In-Store" Entry"). ALL IN-STORE ENTRIES MUST BE DEPOSITED IN-STORE BY END OF BUSINESS ON 11/30/08.
ONLY ONE (1) ENTRY PER PERSON WILL BE ACCEPTED FOR THIS SWEEPSTAKES REGARDLESS OF THE METHOD OF ENTRY.
The Promotion Parties and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, employees (and household and family members) and agents, (collectively, "Releasees") are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant's or any other person's computer relating to or resulting from participation or inability to participate in the Sweepstakes; inability to access the Entry Site or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Entry Site) or for any other reason whatsoever; typographical, printing or other errors; late, lost, stolen, mutilated or misdirected entries or postage-due mail; or any combination thereof. Proof of entering information at the Entry Site or depositing entry is not considered proof of delivery or receipt. Illegible, incomplete, entries in excess of the stated number above and mechanically reproduced entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible.
PRIVACY INFORMATION: The information obtained from the entry will be used by Martin + Osa and its affiliates unless otherwise noted by the entrant. For more details, please see our privacy policy at www.martinandosa.com. Martin + Osa and its parents and affiliates including American Eagle Outfitters, Inc., would like to use submitted information to contact you either by mail or email about our special promotions or events. If you prefer not to receive updates of special promotions and/or events, indicate such preference on www.martinandosa.com. False and/or deceptive entries or acts shall render entrants ineligible.
The laws of the State of New York apply to and govern this Sweepstakes and any claims must be raised and resolved in the Federal or state courts located in New York County, New York, United States.
WINNER SELECTION: One (1) potential winner will be selected in a random drawing from among all eligible entries on or about 12/5/08 by West Coast Marketing, an independent judging organization, whose decisions are and shall be final and binding in all matters relating to this Sweepstakes. Potential winner will be notified by e-mail, certified mail and/or telephone on/about 12/12/08. Potential winner will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability (if potential winner is a Canadian resident, he or she will be required to execute and return a Declaration of Eligibility/Release of Liability), an IRS W-9 form (U.S. resident only) and where legal, a Publicity Release form within ten (10) days of date of issuance. If the potential winner is a Canadian resident, he or she will be required to correctly answer, without assistance of any kind, a mathematical skill-testing question administered by telephone or e-mail. Potential winner's travel companion is required to be of majority age or older in the legal jurisdiction in which he or she resides or be the minor child or ward of the prize winner. Potential winner's travel companion (or potential winner if travel companion is the minor child or ward of the potential winner) will also be required to complete and return an executed Release of Liability form within this same 10-day time period. Failure to return all required forms within this time period, or to comply with any other provision herein, may result in the applicable potential winner being disqualified and an alternate potential winner selected at the sole discretion of the Sponsor. If a prize notification or prize is returned as undeliverable for any reason, the prize may (at Sponsor's sole discretion) be awarded to an alternate potential winner in a subsequent random drawing. Once all paperwork is correctly received from the potential winner according to these Official Rules, said potential winner shall be declared the "Grand Prize Winner". Prize is not transferable, assignable, or redeemable for cash. No substitution for the prize by the Grand Prize Winner will be allowed. Prize must be accepted as awarded. If necessary, due to unavailability of the prize or parts thereof for any reason, a prize of comparable value will be awarded at the sole discretion of the Sponsor. A minor will not be allowed to participate in any portion of Grand Prize travel without being accompanied by his or her Grand Prize winning parent or legal guardian.
PRIZE: GRAND PRIZE (one [1] will be awarded): The Grand Prize shall consist of a trip for Grand Prize winner and one (1) travel companion to Aspen, CO ("Aspen"). Grand Prize consists of: (i) roundtrip ("r/t") coach-class airfare (via airline carrier(s) selected by Sponsor or its designee) for two (2) between the major U.S. or Canadian gateway city airport nearest Grand Prize Winner's home and Aspen; (ii) four (4) consecutive nights hotel accommodations (single standard room, double occupancy) at an Aspen area hotel selected by Sponsor ("Hotel"); (iii) three (3) days ski lift tickets for two (2) to select Aspen area ski resort(s) (specific resort(s) and ski runs awarded are at sole discretion of Sponsor); (iv) r/t airport/Hotel ground transfers; and (v) two (2) $500 Martin + Osa Gift Cards*. The approximate retail value ("ARV") of this prize is $4,000. (NOTE: specific ARV depends on departure city and market conditions at time of travel bookings). Any difference between stated ARV and actual prize will not be awarded. All travel is subject to the following restrictions: All additional ground transfers, gratuities, excursions, insurance, incidentals, departure and airport taxes and fees and any other expenses not specified herein are the sole responsibility of the Grand Prize Winner and his or her travel companion. If the Grand Prize Winner lives within one hundred and fifty (150) miles of Aspen, the airfare portion of the Grand Prize trip will be forfeited and ground transfers provided at Sponsor's sole discretion.
All travel arrangements are to be administered by Sponsor or its designee(s). All travel is subject to availability. Other restrictions may apply. Grand Prize Winner and travel companion must travel together on the same itinerary. Grand Prize Winner and his or her travel companion will be required to provide valid U.S. or Canadian government issued photo ID at time of travel as required by travel authorities. No changes will be made to travel details once any portion of travel arrangements has been made. Prize conditions may be added or modified by Sponsor. Releasees are not responsible for cancellation of any element of Grand Prize or for changes in schedule of any element of the Grand Prize. All taxes/fees and expenses in conjunction with air tickets are the responsibility of the Grand Prize Winner and his or her travel companion, including all necessary government documentation for entry to United States. Travel must originate from and end at the same airport. Once travel commences, no stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip.
All Federal, state, provincial and local tax liabilities are the responsibility of the Grand Prize Winner. Acceptance of the Grand Prize constitutes permission (except where prohibited) for the Sponsor to use the Grand Prize Winner's name, likeness, biography, statements, and any other similar materials for marketing, promotional and publicity purposes without additional compensation or any limitation.
The odds of winning the Grand Prize are determined by the total number of eligible entries received.
*Martin + Osa's Gift Card terms and conditions These terms and conditions apply to all Martin + Osa Gift Cards.
LIMITATIONS ON LIABILITY: Releasees shall not be liable to Grand Prize Winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s) or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Releasees shall not be liable for any loss or damage to baggage.
GENERAL: By entering this Sweepstakes, entrants agree that Releasees shall not be liable for personal injuries, death, dismemberment, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Sweepstakes or acceptance of or use or inability to use the prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, dismemberment, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Grand Prize Winner releases the Releasees from any and all liability and responsibility with respect to the prize (including any property loss, damage, personal injury or death). Grand Prize Winner acknowledges the aforementioned individuals and entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize.
If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, in Sponsor's sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor will conduct a random drawing to award the prize from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at the Entry Site. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE ENTRY SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an entry on the Entry Site, the entry will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the potential winning entry and that all eligibility requirements are met.
NOTE: Internet entry must be made by the entrant only at the Entry Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or software to automate the entry process is prohibited.
WINNERS LIST: For an Official Winner's List, (available after 12/20/08) or a copy of these Official Rules, send a self-addressed, stamped (residents of Vermont and of Canada may omit return postage on requests) envelope to "PACK YOUR BAGS WITH MARTIN + OSA" - WINNER'S LIST - OR - OFFICIAL RULES (please specify which you are requesting), PO Box 56436, Sherman Oaks, CA 91413. Official Rules are also available during the Entry Period at the Entry Site.
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