official rules
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED
1. To Enter: Online Entry Method. Enter to win from October 13, 2009 at 12:01 AM (ET) through November 23, 2009 at 11:59 PM (ET) (the “Sweepstakes Period”) by visiting macys.com/designervisions and completing the entry form pursuant to the on-screen instructions. On-line entrant must be the registered subscriber of the e-mail account by which the entry is made. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account (as specified by the Internet Service Provider) used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant. Text Entry Method. Enter by text message during the Sweepstakes Period by sending a text message with any of the following words: HOTEL, DESIGN, OR LUXURY, to short code 62297. You must have a text messaging two-way capable wireless phone and digital service to enter using the text messaging method. Standard text messaging rates apply to each text message sent and received from your wireless phone. Your wireless service provider will charge you for text messages, including any error messages, sent and received from your wireless phone in accordance with the terms of the agreement applicable to your wireless phone service. Sponsor is not responsible for charges incurred by Participants entering the Sweepstakes via text message. In the event of a dispute as to the identity or eligibility of a Potential Winner based on the wireless phone number from which a text message entry was sent, the potentially winning entry will be declared made by the “Authorized Account Holder” of such wireless phone number at the time of entry. The “Authorized Account Holder” is the person to whom the applicable wireless phone service provider, or other applicable organization (such as a business or educational institution), has assigned the wireless phone number associated with the entry. One entry per person or email address per day.
2. Eligibility The Hotel Collection Designer Visions Sweepstakes (the “Sweepstakes”) is open to legal residents of the 50 United States and Washington D.C., 18 years of age and older, except employees of Hearst Communications Inc., Macys.com, Inc. and Macy’s Merchandising Group, Inc. (collectively the “Sponsors”) and their affiliates.
3. Selection of Winners: Winners will be selected at random from all eligible entrants on or about November 30, 2009. The odds of winning depend on the number of eligible entries received. The winners will be notified by mail and/or by email on or about December 7, 2009. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner.
4. Prizes:
5. Release: By receipt of a prize, each winner agrees to release and hold harmless Sponsors and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees, insurers and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
6. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsors’ and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
7. General Conditions: Sponsors reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award prizes at random from among eligible entries received up to the time of the impairment. Sponsors reserve the right, in their sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes or to be otherwise acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. 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, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsors, in their discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
9. Disputes: Except where prohibited, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York County, New York; (ii) 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 (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
10. No transfers, substitutions in prizes or cash will be allowed except by Sponsors, who may substitute a prize of equal or greater value in their sole discretion.
11. The grand prize winner must comply with all instructions in the prize notification letter, including the completion of an affidavit and liability/publicity release, and return them within fifteen (15) days of the date on the prize notification letter; or prize will be forfeited and an alternate winner will be selected. By entering and/or by accepting a prize, you agree to be bound by these rules and to release Sponsors from any and all liability arising out of your participation in this Sweepstakes with respect to the administration of Sweepstakes, awarding, receipt, use and/or misuse of any prize.
12. Liability for any applicable taxes will be the sole responsibility of the winners. Any required tax reporting forms will be furnished to the Internal Revenue Service. All expenses not specifically provided for by Sponsors in these rules are the sole responsibility of the winner.
13. For winners list, mail a self-addressed, stamped envelope after December 1, 2009 to: The Hotel Collection Designer Visions Sweepstakes, ATTN: Macy’s Merchandising Group Marketing, 11 Penn Plaza, 10th Floor, New York, NY 10001. Residents of VT may omit return postage.
