SWEEPSTAKES PERIOD: “Quamut Sweepstakes” (the "Sweepstakes") begins at 12:00 AM Eastern Time (“ET”) on May 15, 2008 and ends at 11:59 PM ET on July 15, 2008 (the "Sweepstakes Period").
SPONSOR: The Sweepstakes is sponsored by Quamut, a division of Barnes & Noble, Inc. (“Quamut”), located at 18 West 18 Street, New York, NY 10011.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty United States and the District of Columbia who are sixteen (16) years of age or older on the date of entry. Entries from the following jurisdictions will be void: Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, anywhere outside of the U.S. and where prohibited, taxed or restricted by law. Entrants who are under eighteen (18) years of age on the date of entry (each, a “minor”) must have a parent or legal guardian claim their Prize. Employees of Quamut, Barnes & Noble, Inc., and Vibes Media LLC (“Vibes Media”) and their respective parents, affiliates, subsidiaries, consultants, advisors and advertising and promotion agencies, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate in or win the Sweepstakes. Void where prohibited by law. All applicable federal, state and local laws apply.
HOW TO ENTER:
To enter using text messaging: During the Sweepstakes Period, send a text message with the word "Quamut" from your handset addressed to shortcode 23857. Once you send the text message, you will be automatically entered into the Sweepstakes. You will be charged for all text messages sent and received from your handset according to the terms in your individual calling plan with your cellular provider. All entries must be received no later than 11:59 PM ET on July 15, 2008. All entrants using the text messaging method of entry must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes.
To enter using the Internet: You may participate for free without sending a text message during the Sweepstakes Period by visiting www.quamut.com and clicking on the “Quamut Sweepstakes” banner. Entries must be received by 11:59 PM ET on July 15, 2008. When you enter the Sweepstakes using the Internet, you must submit to us your name and your legal U.S. address (excluding U.S. Virgin Islands, Puerto Rico, and U.S. military bases outside the U.S.), using the entry form provided. If you are a minor, you must also include on the form the name of your parent or legal guardian and your birth date in order to receive your Prize. Entries generated by script, macro or other automated means are void. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply.
Send your entry via text message or by visiting the website above. All entries become the non-returnable, sole property of the Sponsor, as defined below, and receipt of entries may not be acknowledged. There are no limits to the number of entries per person regardless of method of entry, but please be aware that text messaging fees may be applied by your cellular provider (see “Prize” below). Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.
PRIZE:
One (1) winner will receive the Prize of a check for $5,000.
RANDOM DRAWING: Winner will be selected through random drawing from among all eligible entries received during the entry period by Quamut (or at its request, Quamut’s designee) as follows:
July 16, 2008– one winner will be selected at 8 PM ET to receive the Prize of a check for $5,000.
Quamut’s decision in the selection of the winner and all matters related to the Sweepstakes will be binding. Odds of winning will depend upon the number of eligible entries received. Potential winner will be notified by text, telephone, email and/or U.S. Mail and may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity (where legal) form within seven (7) days of date of attempted notification. Noncompliance within this time period, with these Official Rules or the return of the Prize/Prize notification may result in disqualification and, at Sponsor’s discretion, time permitting, an alternate potential winner may be selected by random drawing from among all remaining eligible entrants. Prize will be fulfilled approximately four to six (4-6) weeks after the Sweepstakes Period ends.
WINNER NOTIFICATION AND PRIZE FULFILLMENT:
If you send your entry via text message, you will be notified by our service provider Vibes Media by phone that you are the winner. In order to receive your Prize, you must convey to Vibes Media your name and your legal U.S. address (excluding U.S. Virgin Islands, Puerto Rico, and U.S. military bases outside the U.S.). If you send your entry via www.quamut.com, you will be notified by Vibes Media by phone, U.S. Mail or email that you are the winner. If you are a minor, you must also convey to Vibes Media the name of your parent or legal guardian and your birth date in order to receive your Prize.
The Prize will be awarded by U.S. Mail only and will be awarded to the name corresponding to the phone number from which the text message originated or from internet entry form provided, if applicable, other than a minor, whose Prize will be awarded in the name of his or her parent or legal guardian.
The winner will be notified by telephone to the cellular or mobile phone number entrants use to enter the Sweepstakes (or which they include in their Internet entry form) within four to six (4-6) weeks after the drawing. Prize will be fulfilled within one (1) week after notification. If the winner cannot be contacted, if the Prize is returned as undeliverable, or in the event the potential winner does not accept the Prize or fails to comply with these Official Rules and requirements, the winner’s Prize will be forfeited. Upon Prize forfeiture, no compensation will be given. Federal, state and local taxes, including completion of Form W-9 tax, and any and all other expenses related to the acceptance or use of the Prize are the winner’s sole responsibility. Text messaging and cellular or mobile telephone service is not available in all areas.
GENERAL RULES, RESTRICTIONS AND CONDITIONS:
The Prize is not replaceable if lost, damaged or stolen. Quamut is not required to offer any substitution for or alternative to the Prize awarded under the Sweepstakes. The Prize is non-transferable. No substitutions/cash redemptions. Sponsor reserves the right to substitute a prize of equal or greater value in the event the Prize is unavailable.
By participating in the Sweepstakes, all entrants authorize Quamut to provide Vibes Media with their text messaging addresses and their names (and if minors, the names of their parents or legal guardians and their birth dates), and legal U.S. addresses (excluding U.S. Virgin Islands, Puerto Rico, and U.S. military bases outside the U.S.) at which they are authorized to receive the Prize. Information collected in connection with the Sweepstakes will be used in accordance with Quamut’s privacy policy and these Official Rules. In the event of any discrepancy between the privacy policy and these Official Rules, Quamut’s privacy policy shall control and govern. To review Quamut’s privacy policy, please go to http://www.quamut.com/privacy. The Sweepstakes is intended for participation in the United States only (excluding U.S. Virgin Islands, Puerto Rico, and U.S. military bases outside the U.S.). Entrants agree the Sweepstakes is governed by New York law (see “Governing Law” below). By participating in the Sweepstakes you authorize Quamut and Vibes Media to communicate with you by text message, cellular or mobile telephone and/or by U.S. Mail at the address you submit to us upon entry via the Internet and/or if you are declared a winner. The winner may be required to execute an Affidavit of Eligibility, Publicity Consent, and Liability Release within fourteen (14) days of notification attempt or the Prize may be forfeited and awarded to an alternate winner. If the Prize is won by a minor, it will be awarded in the name of the minor's parent/legal guardian. Minor's parent/legal guardian will be responsible for executing any required documentation.
By entering the Sweepstakes, entrants agree to be bound by these Official Rules and agree: (1) the Sponsor and its parent companies, subsidiaries, affiliates, officers, directors, governors, owners, distributors, retailers, agents, assignees, and advertising/Sweepstakes agencies may use (unless prohibited by law) their name, voice, city/state of residence, photograph, visual and/or audio likeness for advertising and/or trade purposes, and for any other purpose in any media or format now or hereafter known without further compensation, permission or notification; (2) to release and hold harmless Sponsor, Vibes Media, and each of their respective advertising and Sweepstakes agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (“Released Parties”), from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Sweepstakes, or possession, acceptance and/or use or misuse of the Prize or participation in any Sweepstakes-related activity and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; (3) to waive all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred by entrants to enter the Sweepstakes; and (4) to be bound by these Official Rules and the decisions of the Sponsor which are final and binding on all matters relating to the Sweepstakes.
Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Sweepstakes.
In case of dispute as to identity of entrant, entry will be declared made by the authorized account holder of the cellular provider. "Authorized account holder," as used in this paragraph, is defined as the natural person who is assigned a number by the cellular provider or as shown on the cellular provider’s records. Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.
The Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, damaged, lost or illegible entries, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions or other errors of any kind, whether human, mechanical or electronic, which may occur in the processing of the entries or distribution of the Prize in the Sweepstakes or which may limit one's ability to enter the Sweepstakes, including any injury or damage to participant's or any other person's handset, relating to or resulting from participating in the Sweepstakes.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or disqualify any implicated entrants (and their entries), should it determine, in its sole discretion, that any fraud, virus, technical or other error or problem, bug, non-authorized human intervention or other causes beyond its control corrupt or affect the administration, security, integrity, fairness or proper conduct of the Sweepstakes. In such case, Sponsor will select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes. Additionally, Sponsor reserves the right to prosecute any fraudulent activities to the full extent of the law. In the event the Sweepstakes is cancelled prior to the end of the Sweepstakes Period, a notice will be posted at www.quamut.com.
CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. In the event of such a dispute or in the event a potential winner entered via the Internet and a dispute arises regarding specific individual entitled to receive the Prize, entries made by Internet will be declared made by the authorized account holder of the email address submitted at the time of entry and any damage made to the web site will also be the responsibility of the authorized account holder. “Authorized account holder," as used in this paragraph, is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
GOVERNING LAW: The Sweepstakes and the rights and obligations of the Sponsor and participants will be governed by and controlled by the laws of the State of New York, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of New York, County of New York. The parties consent to the jurisdiction of the state courts of New York and federal court located with such state and county with respect to any action, dispute, or other matter pertaining to or arising out of the Sweepstakes.
PRIVACY: Winner’s name (and in the case of minors, their age and the name of their parent or legal guardian) and contact information will be shared by Quamut with Vibes Media in order to contact the winner for the purpose of fulfillment of the Prize. Information collected in connection with the Sweepstakes will be used in accordance with Quamut’s privacy policy and these Official Rules. In the event of any discrepancy between the privacy policy and these Official Rules, Quamut’s privacy policy shall control and govern. To review Quamut’s privacy policy, please go to http://www.quamut.com/privacy.
OFFICIAL RULES: For a printed set of these Official Rules, send a self-addressed stamped envelope to: “Quamut Sweepstakes” c/o Vibes Media, 205 W. Wacker Drive, Suite 2300, Chicago, IL 60606. Requests for Official Rules must be received no later than July 15, 2008.
WINNER'S NAME: For the name of the Prize winner, available after September 1, 2008, send a self-addressed, stamped envelope to: “Quamut Sweepstakes” c/o Vibes Media, 205 W. Wacker Drive, Suite 2300, Chicago, IL 60606.