wish list wednesdays!

this holiday: make your list, check it twice..and enter for a chance to win. here's how.
November 06, 2013  |   column: DELIBERATE POLISH

221_Wishlist Wed

KATE SPADE NEW YORK WISH LIST WEDNESDAY GIVEAWAY

(OUR OFFICIAL RULES)

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.  A purchase or payment will not improve your chances of winning.  The Kate Spade New York Wish List Wednesday Giveaway will be conducted as six (6) separate weekly Sweepstakes (collectively, the “Sweepstakes”).  The Sweepstakes entry period begins at 12:01 AM Eastern Time (“ET”) on November 6, 2013 and ends at 11:59 PM ET on December 16, 2013 (the “Entry Period”), when all entries must be received.  Eastern Time shall control for all purposes of this Sweepstakes.  Sponsor’s clock shall be the official timekeeper for the Sweepstakes.  The Sweepstakes is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited.

1. Eligibility. The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry.  Proof of residency and age may be required prior to award of any prize.  Employees of Kate Spade, LLC d/b/a Kate Spade New York (“Kate Spade”) and its parent, subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win.  “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.  “Household members” shall mean people who share the same residence at least three months a year, whether related or not.  In order to enter the Sweepstakes or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor-designated judges, whose decisions shall be binding and final in all respects relating to this Sweepstakes.

2. How to enter. During the Entry Period, visit www.katespade.com (the “Website”) and sign into your account or, if you do not already have an account, you may create one for free.  Once you are signed into your account, create a wish list with at least three (3) items from the Website and email the wish list to wishlist@katespade.com to automatically receive one (1) entry into the Sweepstakes.  To create a wish list, when you find an item on the Website that you would like to add to your wish list, simply select the “add to wish list” link below the “add to bag” button.  There is no limit on the number of entries that you may receive by creating and submitting as many wish lists as you would like, but you may only win one (1) prize for the duration of the Sweepstakes.  Each wish list that you submit will automatically give you one (1) entry into the weekly drawing for that week’s Sweepstakes as well as each subsequent weekly Sweepstakes drawing, providing that you have not already won a prize.  Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of the entry.  “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address.  Entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries is prohibited and any such entries will be deemed void and disqualified.

3. Random Drawing; Odds of Winning.  There will be six (6) separate Sweepstakes weekly drawings (each, a “Weekly Drawing”) on each Tuesday starting on November 12, 2013 and ending on December 17, 2013.  During each Weekly Drawing, one (1) potential winner will be selected in a random drawing from all eligible entries received at the time of that Weekly Drawing, for a total of six (6) winners overall for the duration of the Sweepstakes period.  Limit to one (1) prize per winning entrant for the duration of the Sweepstakes, regardless of the number of entries by such entrant.  Odds of winning a Weekly Drawing depend on the total number of eligible entries received as of the time of that Weekly Drawing.

4. Prizes.  The winner of each Weekly Drawing will receive one (1) $1,000.00 kate spade new york gift card (approximate retail value (“ARV”): $1,000.00).  Total ARV of all prizes available to be won during the Sweepstakes period is $6,000.00.  Gift cards are valid in the U.S. only and may be used online at the Website or at any kate spade new york retail or outlet store.  Gift cards may be subject to terms and conditions.  All federal, state and local taxes on the prizes are the sole responsibility of the winner.  Prize will be sent out to winner via United Parcel Service within one (1) week of winner confirmation.  In no event will the number of prizes awarded exceed the stated number of prizes.  Lost or stolen gift cards will not be replaced.  Any portion of a prize not accepted or unclaimed and/or unused by a winner will be forfeited and will not be substituted.  No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent).  ARV of prize is in U.S. dollars.

5.  Winner Notification.  The potential winner of each Weekly Drawing will be notified on or about the Wednesday following that Weekly Drawing via email, using the email address provided by winner to set up its account at the Website.  Potential winner must confirm acceptance of the prize within five (5) business days of notification or prize will be forfeited and an alternate winner may be randomly selected, in Sponsor’s discretion, from the remaining eligible entries received.  Potential winner may also be required, in Sponsor’s discretion, to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date or within the time frame specified in notification or an alternate winner may be selected. If potential winner is under the age of majority in its state of legal residence, the Affidavit must be executed on its behalf by its parent or legal guardian.  In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information used to create potential winner’s Website account or winner notification or Affidavit is returned as undeliverable; (b) a potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) a potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) a potential winner cannot or does not comply with the Official Rules, or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received.

6.  Publicity Release; Use of Personal Information.  Except where prohibited or restricted by law, a winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.  By entering the Sweepstakes, entrants will be sharing their personal information with Sponsor.  Personal information collected by Sponsor will be used for administration of the Sweepstakes and awarding the prize.  In addition, by entering, entrants agree to Sponsor’s use of entrant’s personal information as described in its privacy policy at http://www.katespade.com.  Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor.  Sponsor is not responsible for disclosures made by any third party.  Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor’s privacy policy.  All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.

7.  No Tampering; Right To Cancel; Modify.  Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts or an entrant’s failure to monitor its email account; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries.  If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or award the prizes based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date.  If the Sweepstakes is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Entry Period, in Sponsor’s discretion, notice may be posted at the Website.

8.  Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Sweepstakes, entrants and winners agree to release and hold harmless Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery.  The Released Parties assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes.  Entrants and winners acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof.  Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York, New York.  Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.

9. Sponsor: Kate Spade, LLC d/b/a Kate Spade New York, 2 Park Avenue, 8th floor, New York, NY 10016.

10.  Winner List. To obtain a copy of the winners’ list, available after December 18, 2013, send a self-addressed, stamped envelope to: Kate Spade New York Wish List Wednesday Giveaway, Kate Spade, LLC, 2 Park Avenue, 8th floor, New York, NY 10016, for Sponsor’s receipt by January 31, 2014.


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