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Gaiam, Inc.
Shopping Spree Sweeps
Official Rules
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NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
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1. ELIGIBILITY. The Gaiam, Inc.
(“Gaiam”) “Shopping Spree Sweeps” (the “Sweepstakes”) is only open to
entrants who, as of the entry date, are (a) legal residents of the
United States and its territories and possessions, or Canada, excluding
Quebec province (the “Territory”), and (b) at least eighteen (18) years
old. The Sweepstakes is void outside the Territory, and where
prohibited or restricted by law. Employees, officers and directors of
Gaiam and its parents, subsidiaries, and affiliates, are not eligible
to enter. Individuals or teams of individuals may enter the
Sweepstakes, but corporate or other entities may not enter the
Sweepstakes.
2. TIMING. The Sweepstakes begins at 12
midnight Mountain Time (“MT”) on April 1, 2008 and ends at 11:59 p.m.
MT on August 31, 2008 (the “Entry Period”).
3. HOW TO ENTER. There are two (2) ways to enter the Sweepstakes:
• To enter online: Click on the designated link in the “Shopping Spree
Sweeps” e-mail you received or log on to life.gaiam.com (the “Gaiam
Life Website”) during the Entry Period, click on the Newsletter link
displayed on the home page, and follow the on-screen instructions to
become a new subscriber to the Gaiam Life e-mail newsletter.
• To enter by mail: Mail an index card or postcard with your name, age,
mailing address, and e-mail address to Gaiam Shopping Spree Sweeps, 833 W So. Boulder, Road PO Box 3095, Boulder, CO 80307-3095.
For all entries
Limit: one (1) entry per person or e-mail address, regardless of method
of entry. All entries must be received by Gaiam during the Entry
Period, and none will be acknowledged or returned. Multiple entries
received from any e-mail address after the first entry received from
that e-mail address will be void. In the event of a dispute regarding
entries received from multiple users having the same e-mail account,
the authorized holder of the e-mail account at the time of entry will
be deemed to be the entrant and must comply with these Official Rules.
The “authorized account holder” is defined as the natural person who is
assigned to an e-mail address by an Internet access provider, on-line
service provider, or other organization responsible for assigning
e-mail addresses for the domain associated with the submitted e-mail
address. Entries generated by script, macro or other automated means
are void. All information collected in connection with this Sweepstakes
(“Information”) will be used (i) to administer the Sweepstakes, (ii) in
connection with marketing offers from Gaiam, and (iii) otherwise in
accordance with the Gaiam privacy policy, available at life.gaiam.com.
By participating in the Sweepstakes, each entrant fully and
unconditionally agrees to be bound by and accepts these Official Rules
and the decisions of Gaiam (including, without limitation, decisions
regarding eligibility of entries, the selection of winners, and the
awarding of prizes), which are final and binding in all respects. All
entrants and entries are subject to verification by Gaiam.
4) WINNER SELECTION; NOTIFICATION. One (1)
potential winner will be selected by random drawing from among all
eligible entries received by Gaiam each calendar month during the Entry
Period. On or about each of May 1, 2008, June 1, 2008, July 1, 2008,
August 1, 2008, and September 1, 2008, one (1) potential monthly winner
will be selected from all eligible entries received during the
preceding calendar month. Entrants must comply with all terms and
conditions of these Official Rules, and winning is contingent upon
fulfilling all requirements. Each potential winner will be notified by
letter (by postal or overnight delivery) or e-mail. Except where
prohibited by law, a potential winner will be required to execute and
return to Gaiam an Affidavit of Eligibility and Release (an
“Affidavit/Release”) in order to claim her/his prize. The
Affidavit/Release must be returned to Gaiam by the date and/or time
indicated. A Canadian resident who is deemed a tentative prize winner
must correctly answer a mathematical question of skill without
assistance, mechanical or otherwise, that will be administered by Gaiam
by e-mail (in accordance with Sections 206(1)(a)-(d) of the Canadian
federal gaming laws prohibiting games of pure chance).
5. PRIZES. Subject to the terms and
conditions of these Official Rules, five (5) Monthly Prizes (one each
calendar month during the Entry Period) will be awarded in this
Sweepstakes. Each Monthly Prize includes and is limited to a Gaiam.com
gift certificate in the amount of $250, which may be used only on
Gaiam.com. The approximate retail value of each Monthly Prize is $250,
and the combined approximate retail value of all Prizes is $1,250. Gift
certificates are subject to terms and conditions of the applicable gift
certificate, as set forth on the gift certificate or on Gaiam.com.
Limit: one (1) prize per person or e-mail address. Prizes must be
accepted as awarded, and prizes are awarded “AS IS” with no warranty,
representation, or guarantee, express or implied, made by Gaiam or for
which Gaiam shall be liable, including, without limitation, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE. No substitution, assignment or transfer of any
prize is permitted by a winner, however, Gaiam.com reserves the right
to substitute prizes in its sole discretion. Each winner is solely
responsible for any and all costs, fees, taxes and expenses associated
with prize receipt and use, including, without limitation, all federal,
state and local taxes on the prize.
6. PUBLICITY. Except where prohibited by law,
participation in the Sweepstakes constitutes each winner’s consent to
Gaiam’s use of such winner’s name, biography, likeness, voice,
photographs, video, opinions, hometown, state and country for
promotional purposes in any manner or media (including, without
limitation, online), worldwide, in perpetuity, and without further
payment, consideration or consent.
7. GENERAL CONDITIONS. Gaiam reserves the
right, in its sole discretion, to terminate, modify or suspend the
Sweepstakes if, in Gaiam’s opinion, there is any suspected or actual
evidence of electronic or non-electronic tampering with any portion of
the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud,
technical difficulties or failures or any other factor beyond Gaiam’s
reasonable control corrupt or affect the administration, security,
fairness, integrity or proper conduct of the Sweepstakes. In such
event, Gaiam reserves the right in its sole discretion to award the
prizes as described above from among eligible, non-suspect entries
received up to the time of suspected impairment. Gaiam reserves the
right in its sole discretion to disqualify any individual it finds to
be tampering with the entry process or the operation of the Sweepstakes
or to be acting in violation of these Official Rules or in an
unsportsmanlike or disruptive manner. Any attempt by any person to
deliberately damage any website or undermine the legitimate operation
of this Sweepstakes is a violation of criminal and civil laws, and,
should such an attempt be made, Gaiam reserves the right to seek
damages and other remedies from any such person to the fullest extent
permitted by law. Gaiam’s failure to enforce any term of these Official
Rules shall not constitute a waiver of that provision.
8. RELEASE. By entering, each entrant forever
and irrevocably releases, and will indemnify and hold harmless Gaiam,
its parents, subsidiaries and affiliates, and all of their respective
employees, officers, directors, shareholders and agents from and
against all claims, damages or liabilities arising in whole or in part,
directly or indirectly, from entrant’s participation and/or entry in
the Sweepstakes and/or entrant’s award, receipt or use of any prize
awarded in the Sweepstakes.
9. LIMITATIONS OF LIABILITY. Gaiam is not
responsible for: (a) incorrect or inaccurate transcription of entry
information or late, lost, stolen, unintelligible, illegible, damaged,
mutilated, altered, incomplete, misdirected or postage due entries, or
entries received through impermissible or illegitimate channels, all of
which will be disqualified; (b) technical failures of any kind,
including but not limited to the malfunctioning of any telephone,
computer online system, computer equipment, website, server provider,
network, hardware or software; (c) the unavailability or
inaccessibility of any website or service; (d) unauthorized
intervention in any part of the entry process or the Sweepstakes; (e)
printing, typographical, electronic or human errors which may occur in
the offer or administration of the Sweepstakes or the processing of
entries; or (f) any injury or damage to persons or property, including
but not limited to entrant’s computer, which may be caused, directly or
indirectly, in whole or in part, from entrant’s participation in the
Sweepstakes, or from viewing, playing or downloading any material from
any of Gaiam’s websites, regardless of whether the material was
prepared by Gaiam or a third party, and regardless of whether the
material is connected to any of Gaiam’s websites by a hypertext link.
10. DISPUTES. Entrant agrees that: (a) any
and all disputes, claims, and causes of action arising out of or
connected with this Sweepstakes, or any prizes awarded shall be
resolved individually, without resort to any form of class action, and
solely and exclusively in a federal or state court located in the City
and County of Denver, Colorado; entrant submits to sole and exclusive
personal jurisdiction to said courts in the State of Colorado for any
such dispute and irrevocably waives any and all rights to object to
such jurisdiction; (b) any and all claims, judgments, and awards shall
be limited to actual out of pocket costs incurred, including costs
associated with entering this Sweepstakes but in no event attorneys’
fees; and (c) under no circumstances will entrant be permitted to
obtain awards for and entrant hereby waives all rights to claim
punitive, incidental and consequential damages and any other damages,
other than for actual out-of-pocket expenses, and any and all rights to
have damages multiplied or otherwise increased. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues
and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations
of entrant or Gaiam in connection with the Sweepstakes shall be
governed by, and construed in accordance with, the laws of the State of
Colorado, without giving effect to any choice of law or conflict of law
rules of provisions (whether of the State of Colorado, the United
States, or any other jurisdiction), which would cause the application
of the laws of any jurisdiction other than the State of Colorado.
11. OFFICIAL RULES. These Official Rules are
available at the Sweepstakes section of the Gaiam Life Website, or by
sending a self-addressed, postage-stamped envelope to “Gaiam Shopping
Spree Sweeps – Rules Request,” 833 W So. Boulder, Road PO Box 3095, Boulder, CO 80307-3095
12. WINNER’S LIST. To request a list of
winners, send a self-addressed, postage-stamped envelope to “Gaiam
Shopping Spree Sweeps - Winner List Request,” 833 W So. Boulder, Road PO Box 3095, Boulder, CO 80307-3095. Requests must be received by October 1, 2008.
13. SPONSOR. The sponsor of the Sweepstakes
is Gaiam, Inc., and the address at which Gaiam may be contacted is
Gaiam, Inc., 833 W So. Boulder, Road PO Box 3095, Boulder, CO 80307-3095.
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