“Gather Giveaways” - Official Rules

“Gather Giveaways”

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN

1. Sponsor: “Gather Giveaways” is sponsored by Gather, Inc. (“Sponsor”), located at 234 Congress St, 4^th Fl, Boston, MA 02110. Sponsor is the owner and operator of the site located at www.gather.com (the “Web Site”).
2. Sweepstakes Entry: You may enter the Sweepstakes at the Web Site (http://gathergiveaways.gather.com), by participating in any of the eligible activities as directed. Information required for entry (collectively "Entry Information") consists of submitting a comment as instructed in the Gather post for each giveaway. Incomplete or inaccurate online entries are void. In the event of a dispute over the identity of an entrant, the entry will be deemed made by the natural person who, at the time of entry, is assigned to the email address (the "Authorized Account Holder"), according to the Internet service provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. An entry will be deemed submitted by the Authorized Account Holder of the email address at the time of entry. Any potential Prize Winner (or their parent/legal guardian should the potential Prize Winner reside in a jurisdiction that deems him or her a minor) may be requested to provide Sponsor with proof that such potential Prize Winner is the authorized account holder of the email address associated with the winning entry. Automated, programmed, robotic or mechanically reproduced entries will be disqualified. Once submitted, all online entries become the property of Sponsor and will not be acknowledged or returned. Any attempted form of entry into the Sweepstakes other than as described herein is void. Entries that are in violation of these Official Rules will be disqualified.
3. Sweepstakes Period: All online entries must be submitted between the dates specified in each giveaway post (the "Sweepstakes Period").
4. Eligibility: The Sweepstakes is open to legal residents of the 50 United States or the District of Columbia who are 18 years age or older as of the beginning of each sweepstakes and have access to the Internet. You must be a registered member of www.gather.com in order to participate in the Sweepstakes. If you are not a member of Gather.com you may join at www.gather.com by clicking on the “Join Gather” link and following the instructions. The following persons are not eligible to participate or win a Prize: Employees of Sponsor, the entity or entities supplying the Prize or Prizes for any given Sweepstakes, any of the prize suppliers associated with the Sweepstakes, or any of the foregoing entities’ respective affiliates (collectively, the "Sweepstakes Entities"), or members of such employees’ immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such employees, whether or not related. This Sweepstakes is void in Puerto Rico, the U.S. Virgin Islands, and wherever prohibited or restricted, and is subject to all United States federal, state and local laws. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or the Web Site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any representatives of any of the Sweepstakes Entities. Participation in the Sweepstakes constitutes your full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Participants not abiding by these rules may be disqualified.
5. Prizes: Prizes will be awarded for each Sweepstakes in the quantity specified in each giveaway post. Approximate retail value ("ARV") of the Prize will vary by Sweepstakes, but in no event shall such Prize be valued equal to or more than five thousand U.S. Dollars. No transfer, cash equivalent or Prize substitution allowed, except at Sponsor's sole discretion.
6. Drawing and Notification of Prize Winners: Potential Prize Winners will be randomly selected from all eligible entries received during the Sweepstakes Period. Sponsor will notify the potential Prize Winners by telephone, mail and/or email within approximately one (1) week after the Drawing Date. If a potential Prize Winner is a resident of a jurisdiction that deems him/her to be a minor, prize will be awarded in the name of potential Prize Winner's parent/legal guardian and Sponsor will attempt to notify such parent/legal guardian in accordance with the terms set forth in these Official Rules. If a potential Prize Winner (his/her parent/legal guardian if potential Prize Winner is a resident of a jurisdiction that deems him/her to be a minor) is notified by email he/she must respond within five (5) business days of notification of winning or an alternate potential Prize Winner may be selected. Decisions with respect to the Prize Winners and other matters pertaining to the Sweepstakes shall be final. If a potential Prize Winner (his/her parent/legal guardian if potential Prize Winner is a resident of a jurisdiction that deems him/her to be a minor) cannot be contacted after reasonable efforts have been made (as determined by Sponsor in its reasonable discretion), if a potential Prize Winner is found to be ineligible, if a potential Prize Winner fails to comply with these Official Sweepstakes Rules or any of the requirements, and/or if any prize or prize notification is returned as undeliverable, that potential Prize Winner will be disqualified and an alternate potential Prize Winner shall be selected from the remaining eligible entries, at Sponsor's sole discretion.
7. Odds of Winning: The odds of winning depend upon the number of eligible entries received.
8. Redemption and Verification: All Prize claims are subject to verification and compliance with these Official Rules. In the event of noncompliance with these redemption and verification requirements, the Prize will be forfeited and Sponsor may select an alternate potential Prize Winner.
9. General Conditions/Termination: The Sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations (collectively "Rules and Laws"). Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in Sponsor's sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor will select the Prize Winner(s) from all salvageable eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor or in a manner that is fair and equitable.
10. Privacy and Publicity: Except as provided below, information submitted with an entry will be subject to Sponsor's Privacy Policy and Terms of Service, which appear on the Web Site. Additionally, if an entrant chooses to opt-in to receiving promotional emails from any of the other Sweepstakes Entities, his/her personal information will be subject to that Sweepstakes Entity's privacy policy. Unless prohibited by law or Sponsor's Privacy Policy, entry in the Sweepstakes and/or acceptance of a Prize constitutes permission for the Sponsor to use worldwide Prize Winner's first name and address (city and state), for purposes of promoting the Sweepstakes and for no other reasons.
11. Disclaimers/Indemnification: By entering in this Sweepstakes, all entrants (and their parents/legal guardians if residents of a jurisdiction that deems them to be minors) ("Participants"), agree to indemnify, release and hold harmless each of the Sweepstakes Entities, as well as their respective officers, directors, shareholders, members, agents, and employees from any and all actions, claims, liability and costs (including, without limitation, reasonable attorney's fees and costs) with respect to or in any way arising from participation in this Sweepstakes and/or acceptance or use of the Prize(s), including liability for personal injury, death, damages or loss. None of the Sweepstakes Entities are responsible for: any incorrect or inaccurate entry information; printing or human error; theft, tampering, destruction or unauthorized access to or alteration of entries; technical malfunctions; failure, omission, interruption, deletion or defect of any telephone networks, computer online systems, computer dating mechanisms, computer equipment, software, or internet service providers; interruption or inability to access the Sweepstakes online entry form, the Web Site, or any online service via the internet due to hardware or software compatibility problems; any injury or damage to entrant's (or any third person's) computer and/or its contents relating to or resulting from participation in this Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, even if caused by the negligence of one of the Sweepstakes Entities; entries or transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any Web site; and entries that are late, lost, incomplete, misdirected, stolen, illegible, or any combination of the foregoing.
12. Risk of Loss/Warranties/Indemnification: Participants in the Sweepstakes assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/e-mail submitted to Sponsor. Participant (his/her parent/legal guardian if a resident of a jurisdiction that deems him/her to be a minor) agrees to full Official Rules and to decisions of Sponsor, which are final and legally binding in all respects and further agree that all Prizes are awarded upon the condition that Sweepstakes Entities shall have no liability whatsoever and shall be indemnified, defended and held harmless by Participant for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any Prize, or participation in this Sweepstakes or participation in any Sweepstakes-related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed 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. ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY ARE HEREBY DISCLAIMED.
13. Disputes and Damages. As a condition of entering the Sweepstakes, Participants (their parents/legal guardians if residents of a jurisdiction that deems them to be minors) hereby agree to the full extent allowed by law that (1) under no circumstances will Participant be permitted to obtain awards for, and Participant (his/her parent/legal guardian if a resident of a jurisdiction that deems him/her to be a minor) hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees.
14. Affidavit of Eligibility/Liability and Publicity Releases. Prize Winners (or his/her parent/legal guardian if the Prize Winner is a resident of a jurisdiction that deems him/her to be a minor) will be required to sign and return an Affidavit of Eligibility/Liability and Publicity Release (where legal) within time specified by Sponsor or Prize will be forfeited and an alternate Prize Winner selected.
15. Limitation of Liability: In no event will any of the 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 access to and use of the Web Site. Without limiting the foregoing, everything on the Web Site and all Prizes are provided "AS IS" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion or liability for incidental or consequential damages or exclusion of implied warranties, therefore, some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
16. Governing Law: This Sweepstakes and the rights and obligations of the parties will be governed by and controlled by the laws of the State of Massachusetts, 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 Massachusetts. The parties consent to the jurisdiction of the state courts of Massachusetts and federal court located with such state and county with respect to any action, dispute, or other matter pertaining to or arising out of this Sweepstakes.
17. Sponsor: Gather Inc, 234 Congress St, 4^th Fl, Boston, MA 02110
18. Prize Suppliers: Prize suppliers vary by Sweepstakes. See each giveaway post for list of prize supplies for each giveaway.
19. Legal Warning: Any attempt by an individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Web Site or the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws. Gather Inc, reserves the right to seek any and all remedies and damages (including Attorneys' fees) against such individual to the fullest extent permitted by law and in equity.