Rules

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  

A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  

ELIGIBILITY: Let EILEEN FISHER Upgrade Your Wardrobe Sweepstakes (“Sweepstakes”) is only open to legal residents of the 50 United States and the District of Columbia, age 18 or older at time of entry. Employees of the New York Magazine (“Sponsor”), EILEEN FISHER and their respective parent company/companies, subsidiaries, affiliates, retailers, advertising and promotion agencies and all other companies involved in this Sweepstakes and their immediate family members and/or those living in the same household of each are not eligible to enter or win. Sweepstakes governed by U.S. law. Sweepstakes is subject to all applicable federal, state and local laws and regulations.  Void where prohibited by law. 

SWEEPSTAKES ENTRY PERIOD: Sweepstakes begins at 12:00 AM Eastern Time (“ET”) on 3/6/19 and ends at 11:59 PM ET on 4/3/19 (the “Sweepstakes Entry Period”). For purposes of these Official Rules, "receipt" of an entry occurs when Sponsor or its designated third party records the entry information resulting from an entrant clicking the submit or enter button. Sponsor's computer server shall be the official time of the Sweepstakes. 

HOW TO ENTER: To enter, visit http://swee.ps/yAMIWrRcN and follow all entry instructions in the offer to complete and submit the online Entry Form in its entirety so it is received during the Sweepstakes Entry Period (referred herein as “Entry”). Additional entries may be earned by completing certain actions after your Entry submission (see instructions found on Sweepstakes online page). All Entries must be received during the Sweepstakes Entry Period. Limit one (1) Entry per person. By submitting an Entry, you are indicating that you have read, understood and fully agree to these Official Rules. Any person found to be using multiple identities to enter the Sweepstakes will be declared ineligible to win. Multiple entries from any person using different email addresses or through the use of any other robotic device or artifice to enter multiple times for an individual will be deemed invalid. Entrants subject to all notices posted online including but not limited to privacy policy. All Entries and requests become Sponsor's property and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged or misdirected Entries.

PRIZE AND ITS APPROXIMATE RETAIL VALUE “ARV”: $1,000 gift card to EILEEN FISHER. Total ARV of all prizes: $1,000. 

Prize images depicted in advertising and promotional materials may vary from the actual prize as any depiction of prize is for illustrative purposes only. The trademarks associated with prize are the property of their respective owners, who are not affiliated with this Sweepstakes in any fashion whatsoever, and no endorsement is suggested or implied. 

Odds of winning depend on the total number of eligible Entries received during the Sweepstakes Entry Period.

Gift card/certificate is not redeemable for cash and will not be replaced if damaged, lost or stolen. Usage of gift card/certificate is subject to issuing company gift card/certificate terms and conditions.

WINNER SELECTION: Potential winner will be selected in a random drawing from all eligible Entries received during the Sweepstakes Entry Period. Random drawing will be conducted on or about 4/4/19 by a representative from the Sponsor (“judges”) whose decisions are final. 

WINNER NOTIFICATION: Potential winner will be notified by e-mail and/or telephone and may be required to complete and return an Affidavit of Eligibility and Liability and a Publicity Release within 3 days from the date of notification date or an alternate winner will be selected. If an Affidavit or prize notification is returned as undeliverable, or if a potential winner is determined by Sponsor in its sole discretion to be ineligible, or if a potential winner declines or is unable for any reason to accept the prize for any reason, that potential winner will be disqualified and if there is sufficient time to notify an alternate winner, the prize may be awarded to an alternate winner selected at random from all of the corresponding non-winning Entries. Attempts will be made to contact and/or verify up to 2 alternate winners. After 2 attempts to verify a winner for the unfulfilled prize fails, the prize will not be awarded. No substitutions are permitted except if prize is unavailable, in which case a prize of comparable or greater value will be awarded. Prize is not redeemable for cash. Prize is non-assignable or transferable except to a surviving spouse. If winner chooses not to receive any portion of the prize, that portion of the prize will be forfeited and the Sponsor will be deemed to have awarded the prize to the winner. Should a winner be found to make any false statement(s) or not in compliance with these Official Rules, he or she will be disqualified and required to promptly return the prize to Sponsor. At the Sponsor’s discretion, winner may be subject to a background check. If a felony conviction is found, Sponsor has the right, in its sole discretion, to disqualify the felon from participating in any prize related activity. Winner is responsible for all federal, state, local and sales and income taxes. Winner is required to provide his/her Social Security number to Sponsor’s representative for tax reporting purposes. An IRS 1099 Form will be prepared and filed in the name of the winner for the value of the prize. Any other incidental expenses on prize not specified herein are the sole responsibility of winner. Entry and acceptance of prize constitute permission to use winner's name, prize won, hometown and likeness for online posting and promotional purposes without further compensation, notification or permission, except where prohibited by law.

GENERAL CONDITIONS: Participating entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and release the Sponsor, and its affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation, acceptance and use of prize. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use or redemption of prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.

In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to satellite or equipment failure, or any federal, state, or local government law, order, or regulation, or other cause not within Sponsor’s control, Sponsor shall have the right to terminate the Sweepstakes. This Sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions.

In the event of a dispute over the identity of an online entrant, Entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of Entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, or illegible entries; or (ii) human or technical error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (ii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw the Sweepstakes if it becomes technically corrupted, (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winner from among all eligible Entries received prior to withdrawal.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES: IN NO EVENT WILL SPONSOR OR ANY OF ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ENTRY IN THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND PRIZE IS PROVIDED "AS IS"  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

DISPUTES; GOVERNING LAW: Entrants waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.

SPONSOR: New York Magazine, 75 Varick Street, New York, NY 10013.

WINNER’S LIST: For a winners list, (available after 4/4/19), send a self-addressed stamped envelope to: Let EILEEN FISHER Upgrade Your Wardrobe Sweepstakes Winner, New York Magazine, 75 Varick Street, New York, NY 10013, for receipt by 4/12/19.  

PRIVACY: By entering, you may be contacted by the Sponsor and/or any promotional partners with future promotional offers.  Information provided by you to participate in this Sweepstakes is subject to the Sponsor's privacy policy located at www.nymag.com and by the privacy policies of any promotional partner(s) at http://nymag.com/newyork/privacy.html and https://www.eileenfisher.com/safety-privacy/.