“Vera Merry Giveaway” Promotion Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PRODUCT PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Internet access or mobile messaging device required for entry.
ELIGIBILITY: “Vera Merry Giveaway” Promotion (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia (“U.S.”) who are eighteen (18) years of age or older at time of entry, and who are currently physically residing in the U.S. at time of entry and at time of prize award (eligible “entrants”). All employees, officers and directors of Vera Bradley Sales, LLC (“Sponsor”), Vera Bradley Designs, Inc. and those individuals and entities involved in the preparation of materials, providing a prize and/or administration or execution of this Promotion, including, but not limited to National Sweepstakes Company, LLC (the “Independent Administrator”) (collectively referred to herein as the “Promotion Entities”), and their immediate family members (spouse, siblings, children and parents including step and foster relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter. Void outside the fifty (50) United States, District of Columbia and wherever else restricted or prohibited by law.
AGREEMENT BY ENTRANTS: By entering the Promotion, each entrant fully and unconditionally agrees to be bound to and accepts these Official Rules, any Promotion related communications from Sponsor including but not limited to any information provided on the promotional website(s), through text messages, and/or any social media platform/application as applicable and the decisions of the Sponsor, other Promotion Entities (and their authorized representatives) which are final and binding with respect to all matters pertaining to this Promotion and all elements thereof.
PROMOTION PERIOD: Begins on or about 12:00 am Eastern Time (“ET”) on November 4, 2019 and ends 11:59:59 pm ET on November 8, 2019 (“Promotion Period”). All times relating to the Promotion are Eastern Time. Date and time stamp of entry will be based on the official time keeping device for the respective method of entry. ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
HOW TO ENTER: There are two (2) ways to receive entries into the Promotion; (a) the initial entry (“Initial Entry”); and (b) bonus entries (each, a “Bonus Entry”). All Entrants must first obtain an Initial Entry into the Promotion prior to receiving Bonus Entries.
A. Initial Entry Options: There is a limit of two (2) Initial Entries per entrant for the entire Promotion Period.
i) Website: Go to blog.verabradley.com/merry (the “Website”), click on the Promotion related application, complete the entry form in its entirety, and agree to be bound to these Official Rules, and submit to receive one (1) Initial Entry into the Promotion.
ii) Text Message: If entering via text message on your mobile device, text keyword MERRY to short code 82275 to receive one (1) Initial Entry into the Promotion. By doing so you are agreeing to these Official Rules and you are providing your prior express written consent to receive text messages delivered by automated technology from Sponsor at the number you used to text the short code. Consent to text messages is not required to purchase goods or services from Sponsor or to enter this Promotion; if you do not wish to consent to text messages, then do not enter this Promotion via short code and instead enter using the Website method described above in (i). For help, text “HELP” to short code 82275. To cease receiving text messages regarding the Promotion, text “STOP” to short code 82275. If you text STOP, Sponsor will send you a confirmation text that it has received your revocation and will stop texting you; you consent to receive this confirmation text. Standard message and data rates may apply. Entrants entering the Promotion via text message may be charged standard text and/or data rates for each message sent or received from his/her handset according to the terms and conditions of the service agreement with his/her wireless carrier. Each message sent or received by a service subscriber of a wireless carrier may incur a standard messaging charge, in accordance with that wireless carrier’s terms and conditions applicable to such customer’s particular rate plan. Each wireless carrier’s rate plan may vary, and entrants should contact their wireless carrier for information on messaging rate plans and charges relating to the participation and entry in the Promotion. Entrants are solely responsible for any such wireless charges. Text and mobile web browsing capabilities may be limited and may not be available through all wireless carriers. For text messaging and web browsing, a service contract with a wireless Internet or airtime provider may be required. Entrant must check with his/her service provider or refer to their service contract for complete details, availability and coverage, along with a description of the applicable charges. Not all wireless carriers participate.
B. Bonus Entries: Entrant must submit an Initial Entry via one or both of the above-stated methods, and while at the Website follow the instructions to obtain Bonus Entries.
(i) Refer-A-Friend: Forward the provided promotional link to friends/contacts whom you wish to enter the Promotion; for each friend who enters using the link you may be eligible to receive one (1) Bonus Entry subject to verification in which the friend enters. Limit three (3) Bonus Entries via this method. While you may provide the link to family, friends and direct known contacts, please do not engage in phishing or spamming. Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate, or attempt to acquire (unauthentic) entries is prohibited, as is posting content to irrelevant or inappropriate sites to obtain entry, and, if discovered at any time will void the applicable entry and entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion.
(ii) Facebook: Click on “Visit Vera Bradley Facebook” to receive one (1) Bonus Entry for the entire Promotion.
(iii) Instagram: Click on “Visit Vera Bradley on Instagram” to receive one (1) Bonus Entry for the entire Promotion.
(iv) Vera Bradley: Click on “Check out Vera Bradley’s Customization page” to receive one (1) Bonus entry for the entire Promotion.
(v) Holiday Gift Guide: Click on “Visit the Holiday Gift Guide” to receive one (1) Bonus entry for the entire Promotion.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Entrants understand that the information being provided at point of entry is being provided to the Sponsor solely, and not to Facebook or Instagram.
Limit up to two (2) Initial Entries (Website/Text), and up to seven (7) Bonus Entries per entrant. There is a maximum of nine (9) entries per entrant for the entire Promotion, regardless of entry method used to enter. Entries may only be submitted by a single registered social media/text account user; group or commercial entries are not permissible. Proof that you submitted an entry does not constitute proof or evidence that it was received, or eligible for the Promotion. Entries submitted via any other channel(s) will not be eligible for the Promotion. Once submitted, entry may not be modified, deleted, returned or cancelled. Entries become the property of Sponsor. Promotion Entities are not responsible for entries that are lost, late, damaged, altered, destroyed, forged, tampered with, mutilated, incomprehensible, misdirected, illegible, incomplete, stolen or otherwise not in compliance with these Official Rules. Entrants may not enter with multiple or false addresses (including IP addresses), identities or devices, robotic, automatic, macro, script, or programmed methods, nor may entrants use any other artifice to enter more than the permitted number of times, and any entrant suspected of using/benefitting from artifice, cheating, fraudulent methods, entering through a sweepstakes club or organization, or using any other device or artifice to enter, or to subvert this Promotion in any way will be disqualified. Sponsor reserves the right, at its reasonable discretion, to refuse, disqualify, or withdraw any entry and/or entrants at any time during or after the Promotion without notice, and to require immediate prize return, if applicable.
By entering, entrants understand and agree that submitted entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, and otherwise posted, for commercial and non-commercial purposes, throughout Sponsor’s and third parties’ digital and off-line social media, marketing and advertising properties without compensation. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.
Without limitation, Sponsor reserves the right in their sole discretion to disqualify any entrant whose social media account that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Promotion or any other person or entity; does not comply with these Official Rules; or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
DRAWINGS/ODDS: On or about November 12, 2019, five (5) grand prize winners (each a “Grand Prize Winner”) will be selected at random from among all eligible entries received during the entire Promotion Period. Odds of being selected are based upon the total number of eligible entries received during the entire Promotion Period. The random drawing will be conducted by the Independent Administrator whose decisions are based upon their sole discretion of these Official Rules and are final and binding in all respects.
In no event will Promotion Entities be responsible for awarding more than the stated number or description of prizes herein. These Official Rules shall control and serve to clarify any confusion, discrepancy, omission, error or mistake communicated in any and all Promotion materials, announcements, communications or notifications (in any and all media/medium). Prize awards are subject to compliance, confirmation of eligibility and verification of potential Grand Prize Winners.
Grand Prizes: Each Grand Prize Winner will receive a Vera Bradley gift set (the “Grand Prize”). Each Grand Prize has an ARV of $818. There will be a total of five (5) Grand Prizes awarded.
Total ARV of all prizes to be awarded is $4,090.
PRIZE RESTRICTIONS: Limit of one (1) Grand Prize per entrant/household. Any prize elements, features, make, models, and/or patterns and styles may be selected or substituted by Sponsor (or its authorized representative) in its sole and absolute discretion. No transfer, assignment or substitution of a prize (in whole or in part), except that Sponsor reserves the right to substitute a prize of equal or greater value if the original prize becomes unavailable for any reason. All federal, state and local taxes, if any, are the sole responsibility of the Grand Prize Winner. Products or any other element received as a prize may not be resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded. Except for any standard manufacturer’s warranty, PRIZES ARE AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These Official Rules shall control and serve to clarify any confusion, discrepancy, omission, error or mistake communicated in any and all Promotion materials, announcements, communications or notifications (in any and all media/medium). Grand Prizes are subject to compliance, confirmation of eligibility and verification of potential Grand Prize Winner.
GRAND PRIZE NOTIFICATION/CLAIMS: Grand Prize Winners will be notified by phone or email on or about three (3) days following the drawing date. Grand Prize Winners will be required to complete, have notarized and return an Affidavit of Eligibility, Liability and, where legal, Publicity Release and IRS W-9 Form (collectively the “Paperwork”) within the time frame specified by the Independent Administrator. If a Grand Prize Winner fails to return the Paperwork within the date and time indicated, the Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate Grand Prize Winner will be selected at random from among the remaining eligible entries received during the Promotion Period, time permitting. If it is determined by the Sponsor, in its sole discretion, that the Grand Prize Winner is not eligible in accordance with these Official Rules, the Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate Grand Prize Winner will be selected as outlined above, time permitting. In the event that the Grand Prize Winner is disqualified for any reason, Sponsor shall have no liability or obligation to such individual.
After two (2) unsuccessful attempts to verify an alternate Grand Prize Winner, the Grand Prize will remain un-awarded. Grand Prize Winner notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, or otherwise undeliverable will be forfeited and will not be re-awarded.
GENERAL/RELEASE: Promotion Entities assume no responsibility for any online, application, device, network, electronic or hardware or software, malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user net (in)accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, nor for the incorrect or inaccurate capture of entry or other information, nor for the failure to capture any such information. Promotion Entities are not responsible for injury or damage to entrants or to any other persons or property, whether computer related or resulting from downloading materials from or use of entrant’s social media account, application or any website. By participating, entrants agree to abide by and be bound to these Official Rules, directions and instructions communicated by or on behalf of Sponsor (in any media/medium), and the decisions of Sponsor which are final and binding in all respects. In the event of noncompliance, if an entrant becomes noncompliant or ineligible during or after the Promotion Period, or a potential Grand Prize Winner fails to respond within the time specified, or cannot be reached within two separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that Grand Prize will be forfeited and an alternate potential Grand Prize Winner will be randomly selected. TO THE FULLEST EXTENT PERMITTED BY LAW, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, SALES ASSOCIATES, REPRESENTATIVES AND AGENTS (“RELEASED PARTY”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE GRAND PRIZE, PARTICIPATION IN ANY GRAND PRIZE RELATED ACTIVITY, AND/OR PARTICIPATION IN THIS PROMOTION, OR ANY ELEMENT THEREOF. To the fullest extent permitted by law, entrants covenant not to sue any Promotion Entity or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind any releases. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
PUBLICITY RELEASE: By entering and/or accepting a Grand Prize, entrants and/or Grand Prize Winners hereby irrevocably consent, where lawful, to the use (which may include without limitation modification or alteration) by Sponsor (and its affiliated and subsidiary companies and their authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information, and voice for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
LIMITATIONS OF LIABILITY: Promotion Entities assume no responsibility for any unauthorized human intervention, human error, or the incorrect or inaccurate capture of entry or other information; nor for the failure to capture any such information. If, for any reason, the Promotion, in whole or in part, is not capable of running as planned or by reason of causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any part thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof and select the Grand Prize Winners from eligible, non-suspect entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Promotion Entities shall not be liable to Grand Prize Winners or any other person or entity for failure to execute the Promotion or any part thereof, or supply a Grand Prize in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyberattacks, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, event/experience cancellation or delay, or any similar or dissimilar event beyond their reasonable control.
In no event will Promotion Entities, Facebook, Instagram and/or their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of your participation in this Promotion, or any element thereof, Promotion related activities, features or access to, and use of, any participating internet site(s) or the downloading from and/or printing material downloaded from said website(s).
CHOICE OF LAW/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF INDIANA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel located in Fort Wayne, Indiana.
WINNERS LIST: For a list of Grand Prize Winners, mail a self–addressed, sufficiently U.S. postage stamped envelope to: Vera Bradley’s “Vera Merry Giveaway”, Winners’ List Request, PO Box 10505, Rochester, NY 14610 for receipt by December 12, 2019. Limit one (1) request per person/household address.
SPONSOR: Vera Bradley Sales, LLC, 12420 Stonebridge Road, Roanoke, IN 46783.
This Promotion shall not be published without the written permission of the Sponsor.