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    OVERSTOCK.COM’S

     SURPRISE YOUR SWEETHEART SWEEPSTAKES

    (“SWEEPSTAKES”)

     

    OFFICIAL RULES

     

    VOID WHERE PROHIBITED.

    NO PURCHASE NECESSARY TO ENTER.

    PURCHASE DOES NOT INCREASE CHANCE OF WINNING.

     

    SPONSOR: Overstock.com, Inc., 6350 South 3000 East, Salt Lake City, UT 84121

     

    PRIZES: One (1) prize will be awarded. One (1) qualifying Entrant will receive one (1) Charles & Colvard 14k Gold 2.00 TGW Round Forever Brilliant Moissanite Stud Earrings (sku 16814634, value $725). No cash or prize substitutions, except at Sponsor’s discretion.  The total prize value is $725.  The prize will be awarded, provided properly claimed under these Official Rules.  Any federal or state taxes and fees on the prize are the sole responsibility of the winner.  Odds of winning depend on the number of eligible entries received.

     

    ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico, U.S. Virgin Islands and other commonwealths, territories and possessions) who are at least the age of majority in their jurisdiction at the time of entry. Employees and Directors of Sponsor and its subsidiaries, their immediate family members (spouses, parents, stepparents, children, stepchildren, siblings, stepsiblings, and their respective spouses) regardless of where they live, and household members (people who share the same residence at least three months a year, whether related or not) of Sponsor are ineligible to enter.  Sponsor reserves the right to verify eligibility qualifications of any potential winner.

     

    PROMOTIONAL PERIOD: The Sweepstakes begins at 10:00 p.m. (MST) on Thursday, February 4, 2015 and ends at 10:00 p.m. (MST) on Thursday February 11, 2015 (“Promotional Period”). Sponsor is the official time keeper for this Sweepstakes.

     

    HOW TO ENTER: To enter, a qualifying individual entering the Sweepstakes (“Entrant”) must complete the entry form located at “http://www.overstock.com/87757/static.html”, click the box acknowledging agreement to the Terms of Service and click “Submit” during the Promotional Period. Entrants may submit one (1) entry each Promotional Period of the Sweepstakes.

     

    Sponsor reserves the right to remove any entries it deems inappropriate such as those that contain obscenity, racism, libel or disparagement of any person, group or people.  All entries become the sole and exclusive property of Sponsor and will not be returned or cancelled. Sponsor is not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirected entries.  Sponsor assumes no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or illegible transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. 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, to be acting in violation of the Official Rules or for any other reason as determined by Sponsor in its sole discretion.  Use of robotic, automatic, macro, programmed, or like entry methods is prohibited and will void all such entries by such methods and invalidate the Entrant.  If a dispute occurs on entries submitted by multiple users having the same email account, the authorized subscriber of the account used to enter the Sweepstakes at the actual time of the entry will be deemed the valid Entrant.  The Authorized account subscriber is deemed the natural person assigned an email address by an Internet access provider, online service provider or other organization, which assigns email addresses, or the domain associated with the submitted email address and who uses that e-mail address to open an account. 

     

    DETERMINATION OF WINNER:  One (1) potential winner will be randomly chosen from the pool of qualified Entrants within five business days following the Promotional Period. The potential winner will be notified by e-mail and/or phone. Potential winner must respond to Sponsor’s notification, and complete all required forms and agreements, including verifications of eligibility to be deemed an “Official Winner.”  If a potential winner: a) is ineligible under these Official Rules, b) fails to respond or complete the required forms within 10 calendar days of notification, c) the notification is returned to Sponsor as undeliverable; or (d) potential winner declines or cannot accept, receive or use the prize for any reason; the potential winner shall be disqualified, and Sponsor may, in its sole discretion, select an alternate potential winner using the same method, or elect not to award. The Prize will be awarded when the completed forms, agreements and verifications have been received and approved by Sponsor.  Sponsor reserves the right to modify, suspend or terminate the Sweepstakes, or any part of it,  by giving such notice in any form and manner deemed appropriate by Sponsor, in which case, the Prize will be awarded from all eligible entries previously received up to (or if applicable, after) the modification, suspension or termination date and under these Official Rules.

     

    PRIVACY: Entrant understands and agrees that Sponsor will collect certain personally identifying information in connection with the Sweepstakes. This information shall be handled under these Official Rules and Sponsor’s Privacy Policy, which may be accessed at https://help.overstock.com. In the event the Sweepstakes is administered/conducted by a third party, the personally identifying information may be subject to the privacy policy of said third parties. By entering, each Entrant consents to the receipt of promotional materials from Sponsor.  

     

    PUBLICITY:  Where permitted by law and Sponsor’s Privacy Policy, winner agrees to grant to Sponsor and Sponsor’s licensees, affiliates and assigns, a release, that includes, but is not limited to, the right to print, publish, broadcast and use, worldwide, in perpetuity, in any media now known or developed, including but not limited to the world wide web the winner’s name, city and state of residence, image, portrait, picture, voice, likeness, testimonials, statements made by the winner, and biographical information as news or information and for advertising and promotional purposes without additional consideration. Further, without such additional compensation, the winner agrees to appear for, or provide biographical information for, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as determined by Sponsor.  Failure to make such appearances or grant such rights may cause disqualification with an alternate potential winner selected from eligible entries previously received and under these Official Rules. Sponsor will bear such reasonable costs and expenses which Sponsor, in its discretion, deems appropriate for winner to appear for a presentation or other activity.

     

    GENERAL CONDITIONS:  Potential Winner must sign and return within 10 calendar days of notification, any documents sent by Sponsor related to the Sweepstakes, including but not limited to the Sweepstakes “Winner Agreement” which includes an “affirmation of eligibility,” a “publicity release” and a “waiver of liability.”  If the potential winner fails to return documents as specified or if the prize notification is returned as undeliverable, the Entrant may, at Sponsor’s discretion, be disqualified, and an alternate potential winner will be selected from eligible entries previously received.  No potential winner will be declared an Official Winner until Sponsor has received the documents set forth in this section.  By entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.  Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sweepstakes is sponsored and administered by Sponsor and is in no way sponsored, endorsed or administered by, or associated with any party other than Sponsor. Any reference to any product, service, or offering is not endorsed, sponsored or recommended by any party other than Sponsor.  

     

    If the Sweepstakes requires Entrant to submit photographs, images, video, text or other content (“Submitted Content”), Entrant affirms, represents, and warrants that Entrant (a) owns or has all necessary licenses, rights, consents, and permissions to use and hereby  authorizes Sponsor and any third parties designated by Sponsor to use all intellectual property rights in and to the Submitted Content; and (b) Entrant has the written consent, release, or permission of each and every identifiable individual person in the Submitted Content to use the name and likeness of every such person in accordance with the intent or rules of the applicable Sweepstakes.

     

    DISCLAIMER AND LIMITATION OF LIABILITY: IN NO EVENT WILL SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES.  THESE LIMITATIONS OR EXCLUSIONS DON’T APPLY WHERE PROHIBITED BY LAW.

     

    INDEMNITY: By entering this Sweepstakes, each Entrant releases, defends, agrees to indemnify and holds harmless Sponsor and its respective parent, subsidiary companies and their respective past and present employees¸ officers, directors, representatives, and agents, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes (“Indemnified Parties”) from and against any and all injury, loss, death, damage, action, claim, demand, expenses or other liability, that may occur from the following: a) from Entrant’s participation, entry, or inability to participate in the Sweepstakes b) from the acceptance, possession, use/or misuse of any prize awarded, (including any travel or attendance or activity related thereto) c)  participation in any Sweepstakes-related activity, d)  invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, or e) and/or the broadcast, exploitation or use of entry. Winners acknowledge that all prizes are awarded as-is without warranty of any kind.

     

    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; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Utah State Court located in Salt Lake City County, Utah; (c) 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 (d) 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 LIMITATIONS 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.

     

    SOCIAL MEDIA DISCLAIMER:   THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR IN ASSOCIATION WITH PINTEREST, FACEBOOK, GOOGLE + OR TWITTER.  ANY INFORMATION PROVIDED BY ENTRANT IS PROVIDED TO SPONSOR AND NOT TO PINTEREST, FACEBOOK, GOOGLE + OR TWITTER.  BY ENTERING THE SWEEPSTAKES, ENTRANT RELEASES PINTEREST, FACEBOOK, GOOGLE + AND TWITTER FROM ANY AND ALL LIABILITY.

     

    WINNERS’ LIST: You may request the winner’s list for the Sweepstakes after the end of the Promotional Period and for one year by mailing a self-addressed, stamped envelope to: Overstock.com, Inc., Sweepstakes, Attn: Legal, 6350 South 3000 East, Salt Lake City, UT 84121. Write the name of the Sweepstakes on the bottom left corner of the envelope.  Washington and Vermont residents may omit return postage when requesting the name of the prize winner.