“HEAD AND SEEK” SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR EACH DAY OF THE PROMOTION PERIOD. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, YOU AGREE TO THESE “OFFICIAL RULES”, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
HERE’S HOW IT WORKS: To participate in the “Head and Seek” Sweepstakes (the “Sweepstakes”), visit headandseek.groupon.com to find a clue as to where the image of the Snowman’s head (“Official Image”) is hidden. Use the clue to search through deals on Groupon.com/gifts to find the Official Image hidden on a deal page. When you find the Official Image, follow the instructions in the “Here’s How To Enter” Section below to enter for a chance to win a daily prize.
- HERE’S HOW TO ENTER: Beginning at 11:00 a.m. Central Time (“CT”) through 8:00 p.m. CT each day from 12/6/12 through 12/12/12 (“Promotion Period”), visit Groupon.com/gifts (the “Web Site”), search through the deals, and if you find the Official Image, click on the designated link and follow the instructions on the Web Site to complete and submit an official entry form, which may request from entrant, among other information, his/her full name, address (no P.O. Boxes), e-mail address, date of birth and related registration information as prompted, to enter the Sweepstakes. Only those entrants that complete and submit an official entry form with all required information will be eligible to enter the sweepstakes. Entries must be received on or before 8:00 p.m. CT each day during the Promotion Period to be eligible for that day’s drawing only and will not be entered into subsequent drawings. Entries received prior to 11 a.m. CT and/or after 8:00 p.m. CT each day will not be eligible for the Sweepstakes. Each day of the Sweepstakes is an independent promotion and entrants will need to come back each day if they wish to enter the Sweepstakes for subsequent days of the Promotion Period. A person can use only one email address to enter. Limit one (1) entry per person/email address per calendar day. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Web Site host’s computer is the official time-keeping device for the Sweepstakes. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All materials submitted become the property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an on-line entry is “received” when the Web Site host’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
- ELIGIBILITY: This Sweepstakes is open only to individuals who are legal residents and physically located in one (1) of the 50 United States or the District of Columbia, and who are 18 years of age or older at time of entry. Employees, officers and directors of Groupon, Inc. (“Sponsor”), D.L. Blair, Inc. (“Administrator”), and each of their respective parents, affiliates, subsidiaries, advertising, promotion and internet agencies (collectively, "Released Parties") are not eligible to enter the Sweepstakes or win a prize. Void where prohibited by law.
RANDOM DRAWINGS/ODDS: There will be six (6) winners selected in this Sweepstakes for each day of the Promotional Period. On/about 12/14/12, a random drawing will be conducted for each day during the Promotion Period from among all eligible entries received each day in accordance with these Official Rules. Random drawings will be conducted by D.L. Blair, Inc., an independent judging organization whose decisions are final. Sponsor and Administrator will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final.
Odds of winning will depend upon the number of eligible entries received each day during the Promotion Period.
PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”): There are six (6) prizes available to be awarded for each day of the Promotional Period. Prizes will be awarded as follows: (1 per day) First Prizes of $1,000 in Groupon Bucks; (5 per day) Second Prizes of $100 in Groupon Bucks. Groupon Bucks do not expire, are non-transferable and are not redeemable for cash. See additional terms and conditions for Groupon Bucks on www.groupon.com. IMPORTANT: In order to receive Groupon Bucks, you must have a Groupon customer account in good standing. If you do not have a Groupon customer account, visit www.groupon.com for details. There is no fee to open a Groupon customer account. Prizes consist of only the item specifically listed as part of the prize. Limit one (1) prize per household for the entire Promotional Period. In the event that an insufficient number of eligible entries are received to award all available prizes, Sponsor is not obligated to award any remaining prizes. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. The total ARV of all prizes awarded for each day of the Promotion Period: $1500.
No substitution or transfer of prize by winner permitted. No cash redemptions. Sponsor reserves the right to substitute prize of equal or greater value, in its sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize received. Prizes, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. In no event will more than the stated number of prizes be awarded.
GENERAL RULES: Potential First Prize winner (and parent/legal guardian if potential winner is deemed a minor in his/her state of residence, which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) will be required to complete, sign and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release (collectively, the “Affidavit”) within ten (10) days of attempted delivery of same before becoming eligible to receive his/her prize. Noncompliance within this time period or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner will may be selected. Winners will be notified by mail, email and/or telephone (as selected by Administrator in its discretion) in a commercially reasonable time after the drawing. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Released Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. The Released Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information.
By entering and/or participating in this Sweepstakes, entrant (and entrant’s parent/legal guardian if entrant is a minor) agrees to indemnify, release, discharge and hold harmless the Released Parties from and against any and all claims, demands, liability (including damages caused or claimed to be caused) and causes of action (however named or described), losses, costs and expenses, arising out of or related to: (i) entrant’s participation in the Sweepstakes, and (ii) entrant’s acceptance/use of the prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Winner (or parent/legal guardian if winner is a minor) assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of any prize.
Subject to applicable law, winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize(s) to the winners.
- NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Released Parties are not responsible for faulty, undelivered, incorrect or mistranscribed phone/e-mail transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Sweepstakes. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. The Released Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor/judging agency/administrator, in their sole discretion. In the event of termination, a notice will be posted online and the drawing for all remaining prizes will be conducted from among all eligible entries received prior to termination. Any damage made to the Web Site by an entrant will be the responsibility of the entrant and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize.
GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Cook County, Illinois and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Cook County, Illinois. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- WINNERS: To receive a list of winners, send an email to email@example.com with WINNERS 7409 as the subject line. Requests must be received by 2/20/13. Winners list will only be sent after all winners have been verified.
- SPONSOR: Groupon, Inc., 600 West Chicago Avenue, Chicago, IL 60654
- ADMINISTRATOR: D.L. Blair, Inc., 400 Post Avenue, Westbury, NY 11590
- ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.