BLOOMINGDALE’S CHATTER SWEEPSTAKES
OFFICIAL SWEEPSTAKES RULES (“OFFICIAL RULES”)
OPEN TO UNITED STATES RESIDENTS ONLY
1. NO PURCHASE NECESSARY. The Bloomingdale’s Chatter Sweepstakes (the “Sweepstakes”) is sponsored by Bloomingdale’s, Inc. (the “Sponsor”) and administered by an agent of the Sponsor, Chatter Research Inc. (the “Administrator”).
2. SWEEPSTAKES PERIOD: The Sweepstakes starts at 12:00:01 AM ET on February 1, 2020 and closes at 11:59:59 PM ET on February 29, 2020 (the “Sweepstakes Period”). Unless otherwise specified, all times in these Official Rules are Eastern Time (“ET”).
3. ELIGIBILITY. To be eligible to enter and win this Sweepstakes:
(a) You must be a legal resident of the United States at the time of entry, in order to be eligible to enter and win this Sweepstakes.
(b) you must participate in the Bloomingdale’s Chatter Sweepstakes by completing the Bloomingdale’s feedback survey, as more specifically described below; and
(c) You must not be an employee, officer, director, agent or representative of the Sponsor or Administrator, their respective affiliates, subsidiaries, licensees, related companies, advertising and promotional agencies and the family and household members of any of the above.
Each eligible person who completes these requirements shall be deemed an “Entrant” in these Official Rules. The Sponsor reserves the right at any time to require proof of identity and/or eligibility to participate in the Sweepstakes and any failure to provide such proof may result in disqualification at the Sponsor’s sole discretion.
4. HOW TO ENTER.
(a) Via text message or online: text the qualifying word or click the URL included in the e-receipt, and
(b) Complete all of the questions in survey;
(c) Completing the previous two requirements shall be deemed an “Entry” in these Official Rules.
(d) All Entries become the sole property of the Sponsor and none will be returned for any reason. Entries will be declared invalid if they are late, illegible, incomplete, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with Entrants except with those selected for a Prize.
(e) By participating in this Sweepstakes, Entrant represents and warrants that: (i) survey responses do not contain any material that is libelous, defamatory, profane or obscene; (ii) responses are original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the Entrant to the full extent necessary to enable the Sponsor to use responses as contemplated by these Official Rules.
(f) Limit of one (1) Entry per person, per calendar month during the Sweepstakes Period. In the case of multiple entries, only the first Entry will be considered.
(g) Time keeping for this Sweepstakes shall be determined solely by the Sponsor’s server clock. Any discrepancy between the time or time remaining in the Sweepstakes Period as stated on the Sweepstakes Website located at www.promos-rules.info/bloomingdales or in any promotional materials thereof and the time or time remaining as determined by the Sponsor, the Sponsor’s server clock shall prevail.
(h) By entering via text message, you agree that you are solely responsible for all data and / or SMS charges that you incur. All such charges are billed by and payable to your telecommunications service provider. Please contact your participating telecommunications service provider for pricing plans, participation status and details. Normal access, phone, and usage charges imposed by your phone service may apply.
(i) Entries received shall be deemed to be submitted by the authorized account holder of the phone number or email address associated with the Entry. For the purpose of the Official Rules, “authorized account holder” of a phone number is defined as the natural person who is assigned to a phone number by a mobile telephone provider, or other organization responsible for assigning phone numbers. Each selected Entrant may be required to provide the Sponsor with proof that the selected Entrant is the authorized account holder of the phone number associated with the winning Entry.
5. Prizes. One (1) prize available during the Sweepstakes Period, consisting of one (1) $100 Bloomingdale’s Gift Card (the “Prize”). Prize will be distributed to the Prize winner (the “Winner”) as follows and in accordance with the selection process set out in Section 6 below:
(a) Each Prize will be shipped within ten (10) days after Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
(b) If a Winner fails to comply with these Official Rules, withdraws for any reason, he/she will be disqualified and will not receive a Prize and the Sponsor reserves the right to select another or additional Entrant(s), in the Sponsor’s sole discretion, until such time as another eligible Entrant satisfies the terms set out herein.
(c) Prize must be accepted as awarded without substitution and cannot be transferred, assigned or redeemed for cash, except at the sole discretion of the Sponsor. In the event a Prize (or any component thereof) cannot be awarded for any reason (including but not limited to force majeure or production exigencies), Sponsor reserves the right, in its sole discretion, to substitute for another prize (or any component thereof) of equal or greater value, without liability. Any unused portion of a Prize will be forfeited and shall have no cash value.
(d) Shipped Prizes shall not be insured, and Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
6. WINNER SELECTION. One (1) Winner shall be selected during the Sweepstakes Period as follows:
(a) On March 3rd, 2020 (the “Draw Date”) the Administrators at its offices located at Chatter Research Inc. at 10 Dundas Street East, 6th Floor, Toronto, ON M5B 2G9, at 4:00:00 PM EST, shall select one Entry by way of random computer-generated draw from the Entries received through the store survey entry form as Winner of the Prize. The odds of being selected as a potential winner are dependent upon the number of eligible Entries received by the Sponsor.
(b) THE SELECTED ENTRANT WILL BE NOTIFIED BY EMAIL NO LATER THAN MARCH 4TH AT 09:00PM AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected Entrant must respond by telephone to the contact number provided in the notification. If the selected Entrant does not respond in accordance with the Official Rules, or if he/she fails to comply with the terms of these Official Rules or voluntarily withdraws from the Sweepstakes, he/she will be disqualified and will not receive a Prize and another Entrant may be selected in the Administrator’s sole discretion until such time as an Entrant satisfies the terms set out herein. The Administrator is not responsible for the failure for any reason whatsoever of a selected Entrant to receive notification or for the Administrator to receive a selected Entrant’s response.
(c) In the event of an error in the entry or drawing process, or any other aspect of the Sweepstakes, that results in more selected Entrants than contemplated in these Official Rules, the Administrator will conduct a random draw amongst all eligible selected Entrants, to award the correct number of Prizes, after the close of the Sweepstakes Period.
7. DECLARATION & RELEASE. Winner will be required to execute a legal declaration and release agreement (“Release”) that confirms the Winner’s (i) eligibility for the Sweepstakes and compliance with these Official Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsor, Administrator and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Sweepstakes, participation in any Sweepstakes-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor of the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Winner’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Sweepstakes and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the accompanying letter of notification or the selected Entrant will be disqualified and the Prize forfeited.
8. INDEMNIFICATION. By entering the Sweepstakes, Entrant releases and holds harmless Sponsor and Administrator from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Sweepstakes, any breach of the Official Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Sweepstakes, without limitation.
9. RIGHTS. By completing and submitting the survey to the Sponsor in connection with the Sweepstakes, each Entrant shall retain all right, title and interest (including copyright) in and to the responses, and shall grant to the Sponsor a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit responses for use in all media now known or hereafter devised in perpetuity beginning on the date of Entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Sweepstakes. The Entrant hereby confirms that the responses are an original work, solely created by the Entrant, and that no third party has a claim of any kind to the responses or any part thereof. Sponsor assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each Entrant represents to Sponsor that responses do not infringe any copyright interest of any third party and that responses are not defamatory or obscene and do not violate any laws relating to hate speech or otherwise. Sponsor reserves the right to exclude any responses on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by the Sponsor in its sole discretion.
10. LIMITATION OF LIABILITY. The Sponsor and Administrator assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, cellular phone, mobile device, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. The Sponsor and Administrator are not responsible for any errors, omissions or inaccurate information, whether caused by website or mobile phone or device users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the administration of the Sweepstakes. The Sponsor and Administrator assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor and Administrator are not responsible for any problems, failures or technical malfunction of any telephone network or lines computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, mobile applications on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsor and Administrator are not responsible for any injury or damage to Entrant or to any computer or cellular phone or mobile device related to or resulting from participating or downloading materials or applications in this Sweepstakes. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Sweepstakes, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor and Administrator assume no responsibility or liability in the event that the Sweepstakes cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor or Administrator, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, lack of participation, fairness, integrity or proper conduct of this Sweepstakes or the Sweepstakes Website.
11. CONDUCT. By participating in the Sweepstakes, each Entrant agrees to be bound by the Official Rules, which will be posted online at www.promos-rules.info/bloomingdales and made available upon request by self-addressed, stamped envelope to The Administrator c/o Chatter Research, Bloomingdale’s Chatter Sweepstakes, located at 10 Dundas Street East, 6th Floor, Toronto, Ontario, M5B 2G9 throughout the Sweepstakes Period. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant found to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes or the Sweepstakes Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor online property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE, OR ANY RELATED WEBSITE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
13. TERMINATION. Sponsor reserves the right, in its sole discretion, to terminate the Sweepstakes, in whole or in part, and/or modify, amend or suspend the Sweepstakes, and/or the Official Rules in any way, at any time, for any reason without prior notice.
14. LAW. The Sweepstakes is subject to applicable federal, state and local laws and regulations. The Official Rules are subject to change without notice in order to comply with any applicable federal, state, provincial and local laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations as between the Entrant and the Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the 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 jurisdiction’s laws.
15. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Sweepstakes-related materials, including but not limited to the Sweepstakes entry form, or point of sale, television, print or online advertising, the terms and conditions of the Official Rules shall prevail, govern and control.
16. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor, Administrator and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
17. WINNER LIST: For the name of the Winner (available after 3/15/2020), send a written request and stamped, self-addressed envelope (VT residents may omit return postage) to: 10 Dundas Street East, 6th Floor, Toronto, ON M5B 2G9, Attn: Julie Hope (No phone calls please).