The SkyMall Gift Card Sweepstakes OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER, PLAY OR CLAIM A PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 U.S. STATES AND THE DISTRICT OF COLUMBIA.
VOID IN PUERTO RICO AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY.
The SkyMall® Gift Card Sweepstakes (“Sweepstakes”) is sponsored by SkyMall, Inc., 1520 E. Pima Street, Phoenix, AZ 85034 (“Sponsor”), and is administered by Prize Logic, LLC, 25200 Telegraph Road, Suite 405, Southfield, MI 48033 (“Administrator”).
- SWEEPSTAKES PERIOD: The Sweepstakes starts on August 27, 2013 at 10:00 PM Eastern Time (“ET”) and ends on September 30, 2013 at 11:59:59 p.m. ET (“Sweepstakes Period”). Sponsor’s computer is the official Sweepstakes clock.
- ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States and District of Columbia who are at least eighteen (18) years of age as of time of entry. Employees of Sponsor, Administrator and their respective parent, subsidiary, and affiliate companies and advertising, promotion and production agencies (collectively, “Sweepstakes Entities”); and the members of each of their immediate family (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to enter or win. All applicable federal, state and local laws and regulations apply. Void in Puerto Rico and where otherwise prohibited or restricted by law. Participation consists of Entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’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.
- HOW TO ENTER: During the Sweepstakes Period, an eligible entrant (“Entrant”) may enter the Sweepstakes using one (1) of the following two (2) methods of entry:
- How To Enter By Making A Purchase: An Entrant must visit www.SkyMall.com and complete a purchase (“Transaction”). Upon completion of the Transaction, the Entrant will be prompted to enter the Sweepstakes. The Entrant must affirm he/she wishes to enter the Sweepstakes by following the on-screen prompts to obtain one (1) entry into the Sweepstakes. Each day (as defined below) an Entrant may complete a Transaction to obtain one (1) additional entry into the Sweepstakes. Limit one (1) entry per Entrant per day, regardless of the number of Transactions completed.
- How To Enter Without Making A Purchase (Free Method of Entry): Entrants may enter the Sweepstakes without completing a Transaction by visiting www.skymall.com/giftcardsweeps (“Website”) and submitting his/her valid e-mail address at the bottom of the page. If it is the Entrant’s first time entering the Sweepstakes he/she must first complete the registration information requested, including, but not limited to: his/her first and complete last name (no initials), valid e-mail address, phone number, street address (no P.O. Boxes will be allowed), city, state, zip code and date of birth. Upon the successful submission of the registration information an Entrant will receive one (1) entry into the Sweepstakes. Each day thereafter during the Sweepstakes Period an Entrant may return to the Website and submit his/her e-mail address to obtain one (1) additional entry.
Regardless of method of entry, limit one (1) entry per Entrant per day. A “day” starts at 12:00 AM ET (midnight) and ends at 11:59:59 PM ET each calendar day during the Sweepstakes Period, with the exception of August 27, 2013 when a day is deemed to start at 10:00 PM ET and end at 11:59:59 PM ET.
All entries, regardless of method, must be received no later than 11:59:59 PM ET on September 30, 2013 to be included in the random drawings as set forth in Section 4 of these Official Rules. If it is discovered that an Entrant has registered or attempted to register more than once during the Sweepstakes Period using multiple e-mail address or multiple identities, all of that Entrant’s entries will be declared null and void and any prize he/she might have been entitled to will not be awarded.
- RANDOM DRAWING: On or about October 1, 2013, Administrator will randomly draw one (1) Grand Prize winner (“Grand Prize Winner”) and eight (8) First Prize winners (each, “First Prize Winner” and collectively, “First Prize Winners”) from among all eligible Entries received during the Sweepstakes Period. All winners are each considered a potential winner subject to verification and compliance with these Official Rules.
- PRIZES, APPROXIMATE RETAIL VALUES (“ARV”) AND ODDS OF WINNING:
- Grand Prize (1): One (1) Grand Prize Winner will receive a $1,000 SkyMall gift card. The ARV of the Grand Prize is $1,000.
- First Prizes (8): Eight (8) First Prize Winners, will each receive a $500 SkyMall gift card. The ARV of each First Prize is $500.
- Conditions on Prizes: Each SkyMall gift card is subject to the terms and conditions set forth thereon and as set forth at http://www.skymall.com/gift-card.html which shall govern the use of the SkyMall gift card. The use of a SkyMall gift card constitutes the user’s acceptance of the terms and conditions so winners should read the terms and conditions on the SkyMall gift card carefully. Winners must protect the SkyMall gift card and treat the SkyMall gift card as they would any other valuable document. Each SkyMall gift card will not be redeemed or exchanged for cash, except where required by law. Each SkyMall gift card will not be replaced or replenished if it lost, stolen, damaged, destroyed or used without a winner’s permission and will be voided if altered or defaced.
- Total ARV of all Available Prizes: The total ARV of all available prizes is $5,000.
- Odds of Winning: The odds of winning a prize depend upon the number of eligible entries received for the entire Sweepstakes Period.
- HOW TO CLAIM A PRIZE:
A. Grand Prize Winner: The potential Grand Prize Winner will be notified via e-mail within five (5) days of the random drawing. The potential Grand Prize Winner must reply to Administrator within five (5) days after the notification is sent by the Sponsor or the Sponsor may select an alternative Grand Prize Winner. Before being declared the Grand Prize Winner, the potential Grand Prize Winner will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release within five (5) days from the date it is postmarked as having been sent by the Sponsor or its representative, or the Grand Prize may (in Sponsor’s sole discretion) be forfeited. If the potential Grand Prize Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the Grand Prize, if Sponsor is unable to contact the potential Grand Winner, or in the event that the Grand Prize confirmation or Grand Prize is returned undeliverable, the Grand Prize will be forfeited, and in the Sponsor’s sole discretion, the forfeited Grand Prize may be awarded to an alternate potential Grand Prize Winner. The potential Grand Prize Winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
B. First Prize Winners: First Prizes will be automatically mailed to each First Prize Winner at the street address provided at the time of registering for this Sweepstakes. If a potential First Prize Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a First Prize, if Sponsor is unable to contact a potential First Winner, or in the event that a First Prize is returned undeliverable, the First Prize will be forfeited, and in the Sponsor’s sole discretion, the forfeited First Prize may be awarded to an alternate potential First Prize Winner selected from among all remaining eligible Entries received during the Sweepstakes Period. Each potential First Prize Winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
C. General: Sponsor will ship prizes to the winners within 6 – 8 weeks from the date of the winner’s verification. Sweepstakes Entities shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or other non-human mechanism, entity or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value in case of the unavailability of a prize or force majeure. Federal, state and local taxes, if any, are solely the responsibility of each winner.
- LIMITATION OF LIABILITY: Sweepstakes Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, printing, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any web site(s). Sweepstakes Entities are not responsible for any injury, including death, or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, the Entrant’s sole remedy is to submit another entry. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of First Prize Winners and the Grand Prize Winner, in a manner it deems fair and reasonable including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension. SWEEPSTAKES ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. AN ENTRANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Further, Sweepstakes Entities are not responsible for, and shall be indemnified by winners against any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of a prize.
IN NO EVENT WILL SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM www.SkyMall.com OR ANY OTHER WEB SITE ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
In addition, Sweepstakes Entities are not responsible for and shall be defended, indemnified, held harmless and released by each Entrant against any claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with, or arising from an Entrant’s participation in the Sweepstakes or acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession, or loss of a prize. In particular, by entering the Sweepstakes, each Entrant agrees to waive all of his/her rights to bring any claim, action, or proceeding against Sweepstakes Entities in connection with the Sweepstakes; and to forever and irrevocably agree to release, defend, indemnify, and hold harmless Sweepstakes Entities from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) for an injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the Entrant’s entry, participation or inability to participate in the Sweepstakes, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Sweepstakes materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, including but not limited to 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 such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual 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 any of Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the Websites or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of Sweepstakes Entities or by an Entrant, (j) interruption or inability to access the Sweepstakes, the Website or any other Sweepstakes-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of Sweepstakes Entities, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (p) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees or (q) the negligence or willful misconduct by Entrant.
- DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF OAKLAND, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. ENTRANTS AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE (1) YEAR FROM THE END DATE OF THE SWEEPSTAKES PERIOD.
Further, Entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any Entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action.
- PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a Prize, each Entrant grants (and agrees to confirm that grant in writing) permission for Sponsor and/or Sponsor's designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where otherwise prohibited by law.
- GENERAL: In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor and Administrator reserve the right, to disqualify any individual found, in their sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and will not be returned. The Sweepstakes Entities are not responsible for any lost, late, undeliverable/undelivered, or postage due mail. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
- WINNERS LIST: For a list of Winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, SkyMall Gift Card Sweepstakes, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than November 14, 2013.
Customer service inquires may be made at Contact Us.
SPONSOR: SkyMall, Inc., 1520 E. Pima Street, Phoenix, AZ 85034
© 2013 SkyMall, Inc. All rights reserved.