NO SUBSCRIPTION OR PURCHASE REQUIRED TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
These Official Rules apply for the "Martha Stewart Living Holiday Entertaining Sweepstakes" ("Sweepstakes") conducted by Martha Stewart Living Omnimedia, Inc., 601 West 26th Street, New York, New York 10001 ("Sponsor") and promoted on www.Twitter.com with the Official Rules made available at www.marthastewart.com. The Sweepstakes will start at 4:00 P.M. Eastern Standard Time ("EST") on December 8, 2011 and will end at 11:59:59 P.M. EST on December 10, 2011 ("Promotion Period"). By entering this Sweepstakes, you agree to the Terms in these Official Rules.
1. SWEEPSTAKES ENTRANTS AND PRIZE RECIPIENTS MUST BE BOTH (A) LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, AND (B) AGED 18 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID WHERE PROHIBITED BY LAW. SWEEPSTAKES SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Employees of Sponsor, Harry & David™ (“Prize Provider”), and each of their respective parent companies, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities (collectively, the "Released Entities) and their immediate family members (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter or win.Twitter.com is not affiliated with this Sweepstakes in any way and is not responsible for the administration of the Sweepstakes or the awarding of prizes.
2. HOW TO ENTER: Become a follower of "MS_Living" on Twitter if you aren't already. Ask a question relating to holiday entertaining and holiday traditions on the Holiday Entertaining Twitter Chat feed between 4:00 P.M. EST and 4:59:59 P.M. EST on December 8, 2011 (must include both "@MS_Living" and "#mslchat", the official hashtag for the event, in your comment) OR retweet one (1) of @MS_Living's tweeted holiday entertaining tips between 4:00 P.M. EST on December 8, 2011 and 11:59:59 P.M. EST on December 10, 2011 (hereinafter, individually as "Entry" and collectively as "Entries"). You may comment as many times as you like during the Promotion Period, but each follower is limited to one (1) Entry per person. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 P.M. EST ON DECEMBER 10, 2011. By sending an Entry, each entrant consents to receive from the Sponsor a reply Twitter message and, if applicable, a Twitter direct message, e-mail and/or phone call notifying such entrant that he/she is a potential prize winner. (Entrants should contact their appropriate internet, wireless and/or phone service providers for complete details with respect to message and data rates both for sent and received messages.) Sponsor is not responsible for computer system, phone line, technical, hardware, software, or program failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections that are human or technical in nature. Use of automated devices is not valid for entry. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any technical or human error which may occur in the processing of the Entries in this Sweepstakes. Incomplete, unreadable, inaccurate, unintelligible or late Entries or Entries which otherwise do not comply with these Official Rules will be disqualified. All Entries, upon submission, become the sole property of the Sponsor and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor's discretion. Sponsor reserves the right to, in its sole discretion, cancel, modify or suspend the online portion of this Sweepstakes (or the entire Sweepstakes) should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Sweepstakes, at which time, the selection of the prize winners will be determined in a random drawing from among all Entries received at the time of Sweepstakes termination.
· The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
· The Entry must not disparage Sponsor, Prize Provider, Released Entities or any other person or party affiliated with the Sweepstakes;
· The Entry must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Entry in this Sweepstakes;
· The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;
· The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
· The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Entry is created.
3. SELECTION OF WINNERS: Three (3) potential prize winners will be selected in a random drawing from among all Entries received. The random drawing will be conducted on or about December 12, 2011. The random drawing will be conducted by a Sponsor's representative whose decisions on all matters relating to this Sweepstakes are final and binding in all respects pertaining to this Sweepstakes. Odds of winning depend on the number of Entries received. Potential prize winners will be notified by Twitter direct message on or about December 12, 2011. Each potential prize winner will be required to respond to the Twitter direct message from Sponsor with a reply message within twelve (12) hours of being announced as the potential prize winner or such potential prize winner will be disqualified. If a potential prize winner (i) does not respond to the Twitter direct message as described above, (ii) is found to be ineligible, or (iii) his/her prize notification or prize is returned as undeliverable, such potential prize winner will be disqualified and, at Sponsor’s sole discretion, an alternate potential prize winner may be selected from the remaining Entries. Sponsor is not responsible for fraudulent calls, e-mails, or Twitter direct messages made to entrants not by the Sponsor. Limit one (1) prize per household.
4. THREE (3) GRAND PRIZES: Each Grand Prize consists of one (1) Harry & David Harvest to Holiday Gift Basket curated by the editors of Martha Stewart Living valued at $134.95. The approximate retail value ("ARV") of each Grand Prize is $134.95. Total ARV of all prizes is $404.85. All expenses and costs associated with the acceptance and use of the Grand Prize are the sole responsibility of the individual prize winners. No cash substitution, assignment, or transfer of any prize permitted. In the event a prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. All prize winners will be solely responsible for all federal, state and local taxes on prizes. The ARV of prizes set forth above represents Sponsor’s good faith determination of the retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated ARV of a prize is more than the actual fair market value of the prize, the difference will not be awarded in cash or otherwise.
5. CLAIMING PRIZES/RELEASES: Potential prize winners may be required to execute and return a Publicity Release (unless prohibited by law) and a Prize Verification Form to Sponsor within fourteen (14) days of notification. If a selected potential prize winner fails to comply with the Official Rules and/or submit any required documentation within the designated period, such potential prize winner will be disqualified and the prize will be awarded to an alternate potential prize winner in a random drawing from all remaining Entries. All prizes will be awarded provided they are properly claimed.
6. INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. The Sponsor assumes 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 is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT 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, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHERREMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address or Twitter account, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address or Twitter account at time of entry. "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email account associated with the Entry.
7. GENERAL: By entering this Sweepstakes, entrants and prize winners: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor, Prize Provider, and the Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law, and (4) acknowledge that prizes are awarded “as-is” and that Sponsor, Prize Provider, and the Released Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor may discontinue this Sweepstakes at any time. Sponsor may terminate any Sweepstakes or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Sweepstakes' security and fairness. Sponsor may prohibit individuals from participating in the Sweepstakes and disqualify entries if they (1) attempt to enter the Sweepstakes through any means other than as described in these Official Rules, (2) attempt to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Sweepstakes Official Rules or act (a) in an unsportsmanlikemanner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor's decisions with respect to the Sweepstakes are final.
8. LIABILITY AND RELEASE: By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsor, Prize Provider, and the Released Entities from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or entrants receipt, acceptance, use &/or enjoyment of any prize. In no event shall the Sponsor, Prize Provider or the Released Entities be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor, Prize Provider, and the Released Entities reserve the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsor, Prize Provider, and the Released Entities are not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of prize winner(s), including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor, Prize Provider or the Released Entities are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor's, Prize Provider’s or the Released Entities' control (each a "Force Majeure" event) the Sponsor, Prize Provider, and the Released Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor, Prize Provider or the Released Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor, Prize Provider, and the Released Entities reserve the right, but shall have no obligation, to award the prizes from among all valid and Entries received up to the time of such Force Majeure event.
10. WINNERS LIST: To obtain the names of the prize winners, (available after December 30, 2011) or for a copy of these Official Rules, send a self-addressed, stamped #10 envelope to be received by February 29, 2012 to: Martha Stewart Living Holiday Entertaining Sweepstakes, c/o Martha Stewart Living Omnimedia, Inc., 601 West 26th Street, New York, New York 10001. Please specify "Official Rules" or "Winners List". VT residents need not include return postage for Official Rules requests.
HAVE A QUESTION? Write to us at Martha Stewart Living Omnimedia, Inc., Attn: Internet Editorial, 601 West 26th Street, New York, NY 10001.
NATURE OF SPONSOR'S BUSINESS: Media. (c) 2011 Martha Stewart Living Omnimedia, Inc. All rights reserved. Twitter and Twitter.com are the trademarks and service marks of Twitter, Inc. All rights reserved.