1. SWEEPSTAKES DESCRIPTION: The “Girls Night Out” Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM (Eastern Standard Time) on Wednesday, April 27th, 2011 and ends on Saturday, May 14, 2011 at 11:59:59 PM (Eastern Standard Time) (the “Entry Period”). The sponsor of this Sweepstakes is ChaCha Search, Inc. (the “Sponsor”). The Sweepstakes shall be subject to these official rules (the “Rules”), and by entering, all participants agree to be bound by the terms and conditions herein and by all decisions of the Sponsor which are final and legally binding in all matters relating to this Sweepstakes. In the event that there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
2. ELIGIBILITY: Only legal residents of the 50 United States (excluding its territories and possessions) and the District of Columbia at least 13 years of age at the time of entry are eligible to enter the Sweepstakes. The officers, directors, assigns, licensees, and employees of the Sponsor, its parents, affiliates, subsidiaries and successor companies, other sponsors of the Sweepstakes, if any, participating advertisers, contractors and agents of the Sponsor or any entity involved in the development, production, implementation and distribution of the Sweepstakes, including suppliers of prizes for the Sweepstakes and immediate family members and those living in the same household of any of the above are prohibited from participating in the Sweepstakes. “Immediate family members” include spouse, siblings, parents, children, grandparents and grandchildren, whether “in-laws,” or by current or past marriage, remarriage, adoption, or co-habitation. All federal, state and local laws, rules and regulations apply. Void where prohibited or restricted by law.
3. HOW TO ENTER: Eligible participants will be entered in the Sweepstakes when such participants visit and register at designated web pages on Sponsor’s website at www.chacha.com (the “Web Site”) during the Entry Period and follow the on screen instructions and the instructions in these Rules to submit an entry. Eligible participants may enter the Sweepstakes in any of the following ways:
(i) visit the Web Site at www.chacha.com and obtain one (1) entry through the Web Site (the “Web Site Entry”) by submitting an email address along with your name; or
(ii) submit an entry via the mobile website provided to the user via SMS with your email address and your name.
Eligible participants may only enter once. All entries must be received by 11:59:59 PM (Eastern Standard Time) on May 14, 2011.
NO PURCHASE NECESSARY TO ENTER, PLAY OR WIN. THE FOLLOWING GIVEAWAY IS INTENDED FOR PLAY IN THE UNITED STATES (EXCLUDING ITS TERRITORIES AND POSSESSIONS), AND THE DISTRICT OF COLUMBIA ONLY. DO NOT ENTER THIS GIVEAWAY IF YOU ARE NOT LOCATED IN THESE LOCATIONS.
By entering this Sweepstakes, entrants affirm that they have read and accepted these Rules and the ChaCha Web Site policies.
4. PRIZES: One (1) Grand Prize winner will be chosen at random. The Grand Prize winner will receive: 2 Sephora gift cards valued at $100 each, a Fandango gift card for two movie tickets (approx. retail value $25), and a Cheesecake Factory gift card valued at $100 (the “Grand Prize”). Gift cards are subject to the terms and conditions specified by issuer. The individual items of the Grand Prize are awarded “as is” with no warranty of guaranty, either express or implied. One (1) Grand Prize will be awarded. No transfer or substitution of prizes (or any portion thereof) or cash alternative is permitted, except as provided herein. Sponsor reserves the right to substitute a prize of equal or greater value in the event the advertised prize is unavailable. The Grand Prize winner is solely responsible for all federal, state and/or local taxes, if any, related to the Grand Prize. The Grand Prize winner may be issued IRS Forms 1099 for the value of the Grand Prize. The Grand Prize will be awarded provided a sufficient quantity of qualifying entries are received, and the Grand Prize is claimed properly in accordance with these Rules.
No Grand Prize includes any expenses or other fees related to the winner’s acceptance of the Grand Prize or participation in the Sweepstakes; the winner is solely responsible for any associated expenses or other fees related to acceptance of the Grand Prize and participation in the Sweepstakes. Expenses and other fees that are the sole responsibility of the winner may include travel expenses associated with the method or mode of transportation, mileage costs, and other incidental expenses relating to travel or any expenses incurred before, during or after participation in the Sweepstakes or acceptance of the Grand Prize. The winner’s right to the Grand Prize is non-transferable and non-salable.
Sephora USA, Inc., Fandango, and TCF Co., LLC, (including their respective affiliated companies/brands) are not sponsors or otherwise affiliated with this Sweepstakes.
5. WINNER SELECTION AND NOTIFICATION: Odds of winning are based on eligible number of entries. One (1) Grand Prize winner will be chosen by random selection of all eligible entries. Grand Prize notification will be completed on or about May 31, 2011. At Sponsor’s sole discretion, the potential Grand Prize winner will be notified via contact information provided by participant at the time of entry. The Grand Prize winner will be required to execute and return an Affidavit of Eligibility & Publicity/Liability release (the “Release”), as required by the Sponsor. In the situation that a Grand Prize winner is not at least the age of eighteen (18) years old the Grand Prize winner shall have a legal guardian execute and return the Release on their behalf. Failure to sign and return all required forms to the Sponsor within the required time or to comply with any other provisions of these Rules may result in the Prize winner being immediately disqualified and an alternate winner selected. Any person whose name appears in a winning/selected entry may be required to execute a publicity/liability release or such winning/selected entry may be disqualified. If any winner notification remains unanswered for more than seventy-two (72) hours, the prize will be forfeited in its entirety and an alternate winner will be selected. The Grand Prize will be delivered via the address you supplied within ten to fifteen business days after eligibility confirmation. The Grand Prize is not transferable; no prize substitutions or cash alternatives are allowed except as may be determined by Sponsor in its sole discretion. Acceptance of the Grand Prize constitutes permission (except where prohibited by law) to use the Grand Prize winner’s name, address (city and state only), testimonial and statements for advertising, promotional or publicity purposes without any form of additional compensation or limitation.
6. GENERAL RULES AND LIMITATION OF LIABILITY: Entrants agree that their consent also binds them to all Official Rules of the Sweepstakes contained herein. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or any other unfair practices of intending to annoy, abuse, threaten, undermine or harass any other entrants or Sponsor representatives.
7. RELEASE & INDEMNIFICATION: By participating, entrants hereby agree to release and hold harmless Sponsor, its parents, affiliates, subsidiaries, each of their respective directors, officers, shareholders, employees, agents, and advertising and promotional agencies from and against any and all liability for claims, costs, injuries, losses or damages of any kind, (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, or loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) which may occur in connection with use of the Web Site (including but not limited to damage to entrants’ or others’ computer equipment resulting from participation), their preparation for or participation in the Sweepstakes, or from their acceptance, participation in, possession or use/misuse of any prize they may be awarded.
8. ENTRY ERRORS/TAMPERING: The Sponsor and any and all access provider(s), and each of their respective parents, affiliates, and subsidiaries, and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any wireless network, computer systems, servers, providers, cell towers or software relating or resulting from participation in the Sweepstakes; theft, tampering, destruction or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to wireless networks, computer or electronic malfunction or traffic congestion on wireless networks or for any reason whatsoever; printing or other errors; or any combination thereof. In addition, Sponsor is not responsible for: inability to access the Web Site, 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 the Web Site; printing or human errors; and any Mail-in entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due, or any combination thereof. Proof of mailing is not considered proof of delivery or receipt. All entries become property of Sponsor and will not be returned or acknowledged. False, fraudulent or deceptive entries or acts shall render entrants ineligible. Sponsor reserves the right to modify, cancel or suspend the Sweepstakes if viruses, bugs, or other causes corrupt the security or judging of the Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry/voting process or who votes using any automatic or programmed method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. If the Grand Prize Winner is determined to be involved in such prohibited activity, they will be disqualified and will not be eligible to participate further or to receive a prize in this Sweepstakes.
9. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the appropriate federal, state and local courts located in Indiana for any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded. Except as prohibited by applicable law and as a condition of participating in this Sweepstakes, each entrant hereby irrevocably and perpetually waives any right to have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Sweepstakes, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby.
10. WINNER LIST: For a copy of the Official Rules or a list of the winner’s name for this Sweepstakes, send a self-addressed stamped envelope to be received by June 30, 2011 to: ChaCha Search, Inc., 14550 Clay Terrace Blvd., Suite 130, Carmel, Indiana 46032; Attention: ChaCha Girls Night Out Sweepstakes. Vermont residents may omit return postage. Winner’s name may be announced via the ChaCha service on or about beginning May 31, 2011.
11. SPONSOR: ChaCha Search Inc., 14550 Clay Terrace Blvd., Suite 130, Carmel, Indiana 46032.
