Wishabi Gift Giveaway Contest Rules
THE WISHABI GIFT GIVEAWAY CONTEST (THE “CONTEST”) IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND CANADA ONLY (EXCLUDING THE PROVINCE OF QUEBEC). DO NOT ENTER THIS CONTEST UNLESS YOU ARE A LEGAL RESIDENT OF, AND LOCATED IN, THE UNITED STATES OR CANADA (EXCLUDING THE PROVINCE OF QUEBEC). NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE AT LEAST 14 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”). Eligibility
To be eligible for this Contest, an individual must:
- be a legal resident of the United States or Canada (excluding residents of the Province of Quebec);
- be at least 14 years of age or older at the time of commencement of the Contest Period; and
- have:
- a valid Wishabi.com account with valid email address
Employees and representatives of Wishabi Inc. (the “Sponsor”), its respective affiliates, subsidiaries, related companies, advertising and promotional agencies are not eligible to participate in the Contest.
The Contest Period:
The Wishabi Gift Giveaway Contest begins on November 14th, 2008 at 5:00 PM EDT and ends on April 10, 2009 at 5:00 PM EST (the “Contest Period").
There is no purchase necessary to enter the Contest.
How to Enter:
To enter, entrants simply create a Wishabi.com account. New users to Wishabi may create a Wishabi.com account at any time by using the following URL. (http://www.wishabi.com/signup). Once the Wishabi.com account has been created, the user will be entered into the contest.
Entrants may also increase the chances of winning by inviting their friends to Wishabi. To count the number of friends invited to Wishabi, the entrant must use the friend invitation on Wishabi which can be accessed in the following URLs:
http://www.wishabi.com/signup/invite
http://www.wishabi.com/invitation/invite
Customers registered with Wishabi prior to November 14th, 2008 who meet the eligibility criteria will be automatically entered in the Contest. Any person submitting duplicate email addresses for friends or “fake” email addresses or multiple entries or registrations may be disqualified from the Contest.
Conditions of Entry:
By entering, entrants agree to accept, abide by and acknowledge compliance with these Contest rules, including but not limited to all eligibility requirements, and the decisions of Wishabi Inc., which rules and decisions are final and binding on all entrants.
The Draw:
Starting November 14th 2008 and at approximately 12:00 p.m every Friday until April 10th, 2009, one potential prize winner will be selected from a random draw held in Toronto, Ontario from all eligible entries received during the Contest Period. There will be no draws on December 26th, 2008 or January 2nd 2009.
Prizes:
There are twenty (20) prizes available to be won by the Contest winners. Each of the eligible entrants for the twenty (20) draws will receive an Ipod Nano (8GB) at an approximate value of one hundred and fifty dollars ($150.00 USD). Winner is not entitled to monetary difference between actual prize value and stated approximate prize value, if any. The prize will be purchased by the Sponsor and shipped to the winner via standard ground transportation.
Odds of winning are dependant upon number of eligible entries received.
In order to win, the selected entrants must comply with all of the terms and conditions set forth in these Contest rules, and winning is contingent upon fulfilling all such requirements. In Canada, in order to be eligible to win, the selected entrants chosen must also correctly answer, unaided, a time limited, mathematical, skill-testing question.
Prize Redemption:
Each selected eligible entrant will be notified by email within ten (10) business days of the date of the random draw and will have ten (10) business days from the date of the notification to respond by following the instructions provided in such notification.
A valid response to such notification must include the selected entrant's mailing address, address of residence, age, and for Canadian residents, the correct answer to the mathematical skill-testing question which will be provided in the notification. If the selected potential winner does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a prize and another potential winner may be selected in the Sponsor’s sole discretion. The Sponsor is not responsible for the failure for any reason whatsoever of a selected potential winner to receive notification or for the Sponsor to receive a selected potential winner’s response.
Following receipt of a valid response, the selected entrant will be sent a standard declaration and release form by e-mail. Upon receipt, the selected eligible entrant must fill out and sign electronically the standard declaration and release form, confirming compliance with the Contest rules, acceptance of the prize as awarded and releasing Wishabi Inc. and its affiliates from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-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.
This Release must be returned completed via email within ten (10) business days of the date of notification. If the selected entrant cannot be contacted, does not respond within ten (10) business days of the date of the notification, does not correctly answer the mathematical skill-testing question without assistance and within the time provided (if applicable), fails to complete, sign electronically the standard declaration and release form within the specified time, or otherwise fails to comply with these Contest rules, he or she will be disqualified and an alternate entrant may be selected in his or her place at random from all remaining eligible entries.
By entering the Contest, entrant releases and holds Sponsor harmless 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 this Contest, any breach of these Contest Rules, or in any prize-related activity. The entrant agrees to fully indemnify the Sponsor from any and all claims by third parties relating to the Contest, without limitation.
Wishabi Inc. and its affiliates are not responsible for late, lost, stolen, delayed, illegible, incomplete, destroyed, misdirected or unsuccessful efforts to notify selected entrants, or for computer, online, software, telephone, hardware or technical malfunctions that may occur.
An authorized Wishabi representative will contact the winner for possible presentation of prizes. The prize is not transferable, and must be accepted as awarded. Wishabi Inc. and affiliates are not responsible if the prize is lost, stolen or mutilated and the prize will not be replaced. No exchange for cash will be permitted and no refunds are allowed. The value of the prize may be taxable as income; winners are responsible for any applicable taxes. All taxes, fees, duties and surcharges on the prize and/or the redemption thereof are the sole responsibility of the winner.
Privacy/Use of Personal Information:
By participating in the Contest, entrant: (a) grants to the Sponsor the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; (b) grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; (c) in order to generate tax documents, if required; and (d) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsor in connection with any of the activities listed in (a), (b) and (c) above. The Sponsors will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the Wishabi Inc. privacy policy.
To view the current privacy policy go to:
Wishabi Privacy Policy
Each winner agrees to indemnify and hold harmless Wishabi Inc. its employees and agents from and against any liability for such taxes. Other Terms and Conditions:
By accepting a prize, each winner agrees that Wishabi Inc. may use his/her name, statements, and/or photograph, in any and all media, and in any and all future advertising or publicity, without further consideration, unless prohibited by law. If a winner does not agree to this, he/she will forfeit his/her prize and an alternate winner may be selected. BY ACCEPTING A PRIZE, EACH WINNER AGREES THAT WISHABI INC., ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF WISHABI INC., THEIR SUBSIDIARIES AND AFFILIATES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY, ANY INJURY, LOSS OR DAMAGES OF ANY KIND, TO WINNER OR OTHER PERSONS, INCLUDING (WITHOUT LIMITATION) INJURIES, LOSS OR DAMAGES ARISING OUT OF OR RELATING TO DEATH, INJURIES, DAMAGES OR LOSSES TO PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS CONTEST OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITY.
Miscellaneous:
The Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice. Wishabi Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, theft or destruction or unauthorized access to, or alteration of, entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY ENTRIES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WISHABI INC. RESERVES THE RIGHT, IN THEIR SOLE DISCRETION, TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND/OR CANCEL, TERMINATE, MODIFY OR SUSPEND THE CONTEST.
Sponsors:
The Sponsor of this Contest is Wishabi Inc.. For more information on the addresses of the Sponsor please contact:
Wishabi.com Winners List:
The names of the winners of the Contest will be posted on the Winnings page here
http://www.wishabi.com/ipod_contest
Governing Law:
This Contest is governed by the laws of the State of Illinois for entrants who are legal residents of, and located in, the United States and are governed by the laws of the Province of Ontario for entrants who are legal residents, and located in, Canada.
Language Discrepancy:
In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
