Official Rules
SWEEPSTAKES OFFICIAL RULES | INSTANT WIN OFFICIAL RULES | COLLECT AND EARN TERMS AND CONDITIONS
Sweepstakes
COMFORT REWARDS CRUISE SWEEPSTAKES
Official Rules
NO PURCHASE NECESSARY TO ENTER RANDOM DRAWING SWEEPSTAKES COMPONENT OF HANES COMFORT REWARDS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING IN SWEEPSTAKES COMPONENT OF PROMOTION.
INTERNET ACCESS AND VALID EMAIL ACCOUNT NECESSARY TO PARTICIPATE.
1. ELIGIBILITY:
The Comfort Rewards Cruise Sweepstakes (“Sweepstakes”) is offered only to individuals who are legal residents of the 50 United States or the District of Columbia and who are at least 21 years old at time of participation. Employees, officers and directors of Hanesbrands Inc. (“Hanes” or “Sponsor”), Night Agency, LLC (“Administrator”), Disney Destinations LLC (“Disney”) and their respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers and persons engaged in the development of Sweepstakes materials and/or the implementation of the Sweepstakes (collectively, the “Promotional Entities”), and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or same household members (whether or not related) of such employees, officers and directors are not eligible. Groups, clubs, organizations, commercial entities, and businesses cannot participate. By participating, you accept and agree to abide by and be bound by these Official Rules and all decisions of Sponsor and/or Administrator, which are final and binding in all respects. Void where prohibited.
2. PROMOTIONAL PERIOD:
The “Promotional Period” for the Sweepstakes begins on January 30, 2012, at 5:00 p.m. Eastern Time (ET) and ends on March 30, 2012, at 4:59:59 p.m. ET. Administrator’s computer is the official clock for the Sweepstakes.
3. HOW TO PARTICIPATE:
A. Purchase any specially marked packages of Hanes products, while supplies last.
A PURCHASE IS REQUIRED TO PARTICIPATE IN THE “COLLECT-AND-EARN” REWARDS PROGRAM BUT NOT THE RANDOM DRAWING SWEEPSTAKES. TO ENTER THE SWEEPSTAKES WITHOUT PURCHASE, SEE RULE 3B BELOW.
Then, register at the Promotional Website and Enter Your Code. During the Promotional Period, access www.ComfortRewards.com (“Promotional Website”) and click on the “Join Now” link to access the registration page. Follow the instructions for creating a Promotion Account or log in to your existing Promotion Account using your e-mail and password. Enter the Hanes Comfort Rewards Code found on the sticker affixed to the outside of the Hanes package (“Code”). Enter the Code exactly as it appears on the sticker. If Code is not entered exactly as it appears, Code will not be accepted. Then, click on the “submit” button to convert your Code into Collect & Earn Points. To enter the Sweepstakes, go to the Rewards page and click on the link for the Cruise Sweepstakes. Read the Official Rules, then check the box indicating that you have read the Official Rules for the Sweepstakes. You will NOT be able to participate in the Sweepstakes unless this box has been checked. Click on the “Enter Sweepstakes” page to enter the Sweepstakes. When you enter the Sweepstakes, 5 points will be removed from your Promotion Account.
B. NO PURCHASE NECESSARY TO ENTER RANDOM DRAWING SWEEPSTAKES.
If you are new to the Comfort Rewards Program and create a new Promotion Account between 5:00 p.m. ET on January 30, 2012, and 4:59:59 p.m. ET on March 30, 2012, Hanes will automatically give you 5 free points that may only be used for one entry into this Sweepstakes. These 5 free points cannot be used or redeemed for any other purpose. Once your Promotion Account is set up and your 5 free points appear, you may follow the instructions above to enter the Sweepstakes at any time during the Promotional Period and the 5 free points will be removed from your Promotion Account at that time. Please remember that there is a limit of one (1) Promotion Account per participant. If any participant attempts to use more than one email address and/or Password in conjunction with Promotion Account(s) and/or to establish more than one Promotion Account, that participant will be disqualified from participating in the Comfort Rewards Program and in this Sweepstakes.
If you already have a Promotion Account, or if you have already used your 5 free points for an entry into this Sweepstakes, you may request free codes for free entries. For a free Code, mail a hand-printed self-addressed, stamped envelope to Hanes Comfort Rewards Free Code, c/o Night Agency, LLC, 307 Canal Street, 2nd Floor, New York, NY 10013. Vermont residents only may omit return postage. After free Code request has been processed by Administrator and you have received a free Code, enter the Code to place 5 points into your Promotion Account, which may be used for entry into the Sweepstakes. Each valid free Code request will result in receipt of one Code, while supplies last. Free Codes may be used for purposes of the random drawing sweepstakes entry, but NOT the “collect-and-earn” rewards program. Limit one free Code request per stamped envelope. No copies, facsimiles or reproductions of free Code requests will be accepted.
IMPORTANT NOTICE: This Sweepstakes ends at 4:59:59 p.m. ET on March 30, 2012. Please allow sufficient time for receipt of free Code if you want to enter this Sweepstakes. Pleaseallow a minimum of ten (10) days for processing of free Code requests.
Free Codes are subject to all the same terms and conditions as Codes obtained via purchase of Hanes products. Please see Terms and Conditions for Hanes Comfort Rewards Collect & Earn Promotion for details. Violation of such terms may result in disqualification from the Sweepstakes, in Sponsor’s sole discretion.
There is no limit on the number of times you may enter into this Sweepstakes, but each entry will redeem 5 points from your Promotion Account.
4. PRIZE:
One (1) Grand Prize winner will receive a Seven-Night Alaskan cruise aboard the Disney Wonder® ship for winner and three (3) guests, departing from Seattle, Washington on June 4, 2012, July 9, 2012, or August 6, 2012.
Grand Prize vacation includes:
- Round-trip coach-class air transportation for winner and three (3) guests between the major United States gateway airport closest to winner's residence and Seattle International Airport; provided, however, if winner resides within 200 miles of Seattle, Washington, air fare shall not be provided, and provided further, the type and schedule of the air transportation, as well as the actual airport and airline, shall be determined by Sponsor in its sole and absolute discretion, and the prize winner will be responsible for any fees or additional costs, if any, associated therewith including, but not limited to, up-charges for seat changes, food and beverage, baggage charges, and any flight itinerary changes made after travel plans have been confirmed.
- Round-trip ground transportation for the winner and three (3) guests between the Seattle International Airport and the Port of Seattle; provided, however, if winner resides within 200 miles of Seattle, Washington, such ground transportation shall not be provided.
- One (1) stateroom with a maximum of four (4) persons aboard the Disney Wonder® ship for the duration of the cruise vacation.
- All shipboard meals for winner and three (3) guests (excluding Palo).
- Government Taxes and Fees (as defined on the Disney Cruise Line® website).
Total Approximate Retail Value of Grand Prize vacation is $11,190.
The odds of winning the Grand Prize depend upon the total number of eligible entries received during the Promotional Period.
Grand Prize winner is solely responsible for all costs and expenses of the Grand Prize vacation not specified as included in these Official Rules including, but not limited, to tips, gratuities, merchandise and souvenirs, shore excursions, equipment rentals, laundry service, spa treatments, alcoholic beverages, Palo and Remy service charges, Flounder’s Reef Nursery charges, local and long-distance telephone calls, ship-to-shore communications including internet, insurance, transportation between Grand Prize winner’s residence and the departure airport, baggage fees, port fees, and other personal expenses. Grand Prize vacation (including, without limitation, air transportation and stateroom accommodations) is subject to availability and additional restrictions. Travel arrangements must be booked through Sponsor at least 45 days in advance of intended travel dates. Grand Prize winner and all guests must travel on same itinerary. Grand Prize winner and guests are solely responsible for obtaining (and traveling with) proper citizenship documentation which may include passports, valid alien registration cards and/or necessary visas. Those without proper citizenship documentation will be denied boarding. Grand Prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any prize activity, including, without limitation, use of a prize. If Grand Prize winner elects to take vacation with fewer than the allowed number of guests, components of the Grand Prize will be awarded in increments/quantities suitable for the actual number of travelers and Grand Prize winner will not receive any compensation or substitute/alternate prize for same. If any guest is a minor in his/her jurisdiction of residence, he/she must be accompanied on the vacation by his/her parent or legal guardian, who must be either the Grand Prize winner or another guest of the Grand Prize winner. Grand Prize winner is solely responsible for all federal, state and local taxes on the Grand Prize. At the appropriate time, Sponsor will issue an IRS Form 1099 in the amount of $11,190. Grand Prize must be accepted with all listed prize components subject to the conditions indicated herein. Grand Prize vacation must be taken on one of the three departure dates specified above or else the Grand Prize vacation will be forfeited in its entirety with no compensation or substitution. Grand Prize vacation may not be sold, traded, transferred, refunded, commissioned or redeemed for cash value. Grand Prize vacation and its components may not be substituted; however, Sponsor reserves the right in its sole discretion to substitute prize (or any prize component) with another prize/prize component of equal or greater value if advertised prize/prize component becomes unavailable for any reason. Actual value of the Grand Prize may depend on city of departure, travel dates and other factors. Any difference between the estimated value of the Grand Prize and the actual value will not be awarded to Grand Prize winner. Changes are not permitted after airfare tickets are issued. Sponsor is not responsible for travel delays or cancellations. There shall be no compensation or prize substitution if Grand Prize winner or guests are unable to take scheduled cruise vacation by reason of illness, family emergency, personal events, terrorism, labor strikes, weather, or other acts beyond Sponsor’s control. There shall be no compensation or prize substitution if selected cruise vacation is cancelled or rescheduled for any reason.
5. SELECTION OF WINNER:
One (1) Grand Prize winner will be selected in a random drawing held on or about April 4, 2012, from among all eligible entries received. The potential Grand Prize winner will be notified via e-mail and/or mail within five (5) days of the drawing. The potential Grand Prize winner must complete, sign, and return an IRS Form W9, an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within ten (10) days after receipt of notification. If such documents are not returned on a timely basis, or if notification of prize is returned as non-deliverable, or if a potential Grand Prize winner is found to be ineligible or not in full compliance with these Official Rules, or if a potential Grand Prize winner declines the prize for any reason, such prize will be forfeited in its entirety and an alternate winner selected from among all remaining eligible entries received. Each guest of Grand Prize winner (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) must also complete, sign and return a Liability Release and, where lawful, a Publicity Release prior to arrangements for travel. No travel arrangements will be made without these forms. Failure to sign and return such documents in a timely fashion may result in forfeiture of prize in its entirety. If forfeiture occurs during the process of confirming a winner and awarding the prize, then Sponsor will select an alternate winner from among remaining eligible entries in order to award the prize. If, however, forfeiture occurs after the prize has been awarded and confirmed, Sponsor has no obligation to select and award the prize to an alternate winner.
6. LIMITATIONS ON LIABILITY AND GENERAL CONDITIONS:
By participating in the Sweepstakes, you (a) agree that the Promotional Entities and their respective parents, subsidiaries and affiliates, and all of their respective officers, directors, employees, agents and representatives shall have no liability whatsoever for, and shall be indemnified and held harmless by participants against, any liability for any injuries, losses or damages of any kind to person(s), including, without limitation, death, or property, resulting in whole or in part, directly or indirectly, from participation in this Sweepstakes or any Sweepstakes-related activities, or from acceptance, use, or misuse of the prize or any prize-related activity; and (b) acknowledge that those parties have neither made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in law or in fact, relative to the prize and/or any prize components, including but not limited to, their quality, merchantability or fitness for the intended purpose; and (c) agree that acceptance of a prize constitutes your permission (which will be confirmed in writing upon request) for Sponsor, and those acting pursuant to the Sponsor’s authority, to use your name, photograph, likeness, voice, image, statements and biographical information for advertising, trade, publicity and promotional purposes worldwide and in all forms of media now known or hereafter developed, including the World Wide Web, in perpetuity, without further compensation, and without limitation, unless prohibited by law, and without notice, review or approval.
Sponsor may, but is not obligated to, arrange to film or take photographs of portions of the Grand Prize vacation and experiences. In that event, Sponsor will be the sole owner of such audio-visual images and/or photographs with exclusive rights to post, display, edit, compile, publish, use, create derivative works from, and permit others to post, display, edit, compile, publish, create derivative works from or otherwise use such audio-visual images and/or photographs, including posting on the internet without additional compensation or obligation to Grand Prize winner or guests.
Neither Sponsor nor Administrator is responsible for illegible, garbled, lost, late, incomplete, stolen, misdirected, undeliverable registrations, entries, free Code requests, email, or other electronic communications; or for misdirected, undelivered, mutilated, or postage due mail, or replies to free Code requests returned as undeliverable mail; or for any computer, programming, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, Code submission information, random drawing sweepstakes entry information, or the failure to capture, or loss of, any such information. Sponsor and Administrator are not responsible for any malfunction, defect or error, whether human or technical in nature, affecting the administration of the Sweepstakes. Neither Sponsor nor Administrator is responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the web site(s). The right is reserved by Sponsor and/or Administrator, at their sole discretion, to disqualify any individual found, at their sole discretion, to be tampering with the operation of the Sweepstakes or any web site, to be acting in violation of these Official Rules and/or in any manner determined by Sponsor and/or Administrator in their sole discretion as intended to defraud Sponsor/ Administrator; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If any participant attempts to use more than one email address and/or Password in conjunction with Promotion Account(s) and/or to establish more than one Promotion Account, that participant will be disqualified from participating in the Comfort Rewards Program and in this Sweepstakes. Any use of robotic, automatic, macro, programmed or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and disqualification of participant utilizing same (the foregoing includes but is not limited to commercial promotion subscription “clubs”, service web sites and like organizations); all registration, submission of Codes, entry into the Sweepstakes, and other participation in Sweepstakes must be key-stroked by hand. Disqualification will result in all random drawing sweepstakes entries by such participant being voided without liability of any kind; and, Sponsor and Administrator may take any other actions deemed necessary in their sole discretion so as to protect their rights. Neither Sponsor nor Administrator is responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from any web site or use of any web site.
If, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and conduct the random drawings from among all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor or to otherwise make prizes available to be won in a manner deemed by Sponsor in its sole discretion, to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted at Promotional Website.
In case of dispute, participation in Sweepstakes (including but not limited to submission of Codes and entry in Sweepstakes) will be declared to be effected by (and all materials associated with such participation in the Sweepstakes to be the sole property of) the authorized account holder under whose email address and password the Promotion Account was created. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, Online Service Provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor and Administrator are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of any prize or redemption of points. These Official Rules are intended solely for the personal use of an individual participant and may be reproduced only once for his/her personal use.
IN NO EVENT WILL THE PROMOTIONAL ENTITIES, THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE(S). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE(S) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
If you elect to receive occasional updates, special offers and other information from Disney and its affiliated and associated companies about their products and services, your information may be shared with those companies.
7. DISPUTE RESOLUTION/CHOICE OF LAW
Except where prohibited by law, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules or this Sweepstakes (and/or the rights and obligations of Sponsor and/or participant in conjunction therewith) (collectively, “Disputes”) shall be resolved individually, without resort to any form of class action; (b) any and all Disputes (excluding, for this purpose, any and all Disputes in any way related to the Grand Prize vacation) shall be resolved exclusively in an action in state or federal court in the State of North Carolina; (c) any and all Disputes in any way related to the Grand Prize vacation shall be governed by, and construed in accordance with, the laws of the State of Florida without regard for conflicts of law/choice of law doctrine of Florida or of any other jurisdiction and shall be resolved exclusively in an action in state or federal court in the State of Florida; (d) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys' fees; (e) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, 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; and (F) THEY WAIVE AND HEREBY DO WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION. Except as provided above, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or this Sweepstakes (and/or the rights and obligations of Sponsor vis-à-vis participant and participant vis-à-vis Sponsor in conjunction therewith) shall be governed by, and construed in accordance with, the laws of the State of North Carolina without regard for conflicts of law/choice of law doctrine of North Carolina or of any other jurisdiction.
8. WINNER’S LIST: For the name of the Grand Prize winner, mail a self-addressed stamped envelope to: Comfort Rewards Cruise Sweepstakes Winner, c/o Night Agency, LLC, 307 Canal Street, 2nd Floor, New York, NY 10013. Vermont residents only may omit return postage. Winner’s list requests must be received between March 30, 2012, and April 30, 2012. Requests received outside this period will not be processed. Please allow 6 to 8 weeks for delivery of winners list.
9. SPONSOR: Hanesbrands Inc. 1000 East Hanes Mill Road, Winston-Salem, North Carolina 27105. Sweepstakes is administered by Night Agency LLC, 307 Canal Street, 2nd Floor, New York, NY 10013.
Instant Win
COMFORT REWARDS NINTENDO WII INSTANT WIN SWEEPSTAKES
Official Rules
NO PURCHASE NECESSARY TO ENTER INSTANT WIN COMPONENT OF HANES COMFORT REWARDS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
INTERNET ACCESS AND VALID EMAIL ACCOUNT NECESSARY TO PARTICIPATE.
1. ELIGIBILITY:
The Hanes Comfort Rewards Nintendo Wii Instant Win Sweepstakes (“Sweepstakes”) is offered only to individuals who are legal residents of the 50 United States or the District of Columbia and who are at least 18 years old at time of participation. Employees, officers and directors of Hanesbrands Inc. (“Hanes” or “Sponsor”), Night Agency, LLC (“Administrator”), and their respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers and persons engaged in the development of Sweepstakes materials and/or the implementation of the Sweepstakes, and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or same household members (whether or not related) of such employees, officers and directors are not eligible. Groups, clubs, organizations, commercial entities, and businesses cannot participate. By participating, you accept and agree to abide by and be bound by these Official Rules and all decisions of Sponsor and/or Administrator, which are final and binding in all respects. Void where prohibited.
2. PROMOTIONAL PERIOD:
The “Promotional Period” for the Sweepstakes begins on October 31, 2011, at 5:00 p.m. Eastern Time (ET) and ends on January 31, 2012, at 4:59:59 p.m. ET. Administrator’s computer is the official clock for the Sweepstakes.
3. HOW TO PARTICIPATE:
A. Purchase any specially marked package of Hanes products, while supplies last.
A PURCHASE IS REQUIRED TO PARTICIPATE IN THE “COLLECT-AND-EARN” REWARDS PROGRAM BUT NOT THE INSTANT WIN SWEEPSTAKES. TO ENTER THE SWEEPSTAKES WITHOUT PURCHASE, SEE RULE 3B BELOW.
Then, register at the Promotional Website and Enter Your Code. During the Promotional Period, access www.ComfortRewards.com (“Promotional Website”) and click on the icon, banner, or text link to access the registration page. Follow the instructions for creating a Promotion Account or log in to your existing Promotion Account using your e-mail and password. Enter the Hanes Comfort Rewards Code found on the sticker affixed to the outside of the Hanes package (“Code”). Enter the Code exactly as it appears on the sticker. If Code is not entered exactly as it appears, Code will not be accepted. Then, click on the “submit” button to convert your Code into Collect & Earn Points and receive one opportunity to win instantly in this Sweepstakes.
B. NO PURCHASE NECESSARY TO ENTER INSTANT WIN SWEEPSTAKES.
For a free Code, mail a hand-printed self-addressed, stamped envelope to Hanes Comfort Rewards Free Code, c/o Night Agency, LLC, 307 Canal Street, 2nd Floor, New York, NY 10013. Vermont residents only may omit return postage. After free Code request has been processed by Administrator and you have received a free Code, go to the Promotional Website and follow the procedure indicated in the Terms and Conditions for the Comfort Rewards Collect & Earn Promotion, incorporated herein by reference, to create a Promotion Account, or log in to your existing Promotion Account using your e-mail and password. Enter the Code to receive one opportunity to win instantly in this Sweepstakes. Each valid free Code request will result in receipt of one Code, while supplies last. Free Codes may be used for purposes of instant win and random drawing sweepstakes entry, but NOT the “collect-and-earn” rewards program. Limit one free Code request per stamped envelope. No copies, facsimiles or reproductions of free Code requests will be accepted.
IMPORTANT NOTICE: This Sweepstakes ends at 4:59:59 p.m. ET on January 31, 2012. Please allow sufficient time for receipt of free Code if you want to enter this instant win Sweepstakes. Please allow a minimum of ten (10) days for processing of free Code requests.
Free Codes are subject to all the same terms and conditions as Codes obtained via purchase of Hanes products. Please see Terms and Conditions for Hanes Comfort Rewards Collect & Earn Promotion for details. Violation of such terms may result in disqualification from the Sweepstakes, in Sponsor’s sole discretion.
4. DETERMINATION OF INSTANT WINNERS:
Five (5) Instant Prize winners will be selected randomly throughout the Promotional Period based on a randomized time schedule. If a participant clicks the “submit” button after entering a Code into his or her Promotion Account at one of the randomly preselected times, that participant will be an instant winner. If no participant clicks the “submit” button at the preselected time, then the next participant to click the “submit” button to enter a Code after that preselected time will be the instant winner. Odds of winning an Instant Win prize depend on the number of eligible participants and whether or not a random preselected winning time happens to correspond to the time you choose to submit your Code in your Promotion Account. Instant Win prize winners will immediately see a screen informing them that they are instant winners. Instant Win prize winners will also be notified via e-mail within 24 hours of entering the Code resulting in the Instant Win prize. Instant Win prize winners must respond to the e-mail within two (2) days in order to claim or reject prize. If notification of prize is returned as non-deliverable, or if a potential winner of a prize is found not to be in full compliance with these Official Rules, or if a potential instant winner fails to respond to the notification e-mail within the designated time, or if a potential winner rejects a prize for any reason, or if a prize is returned as non-deliverable, such winner will be disqualified and the prize will be forfeited. Any prizes that are forfeited during the Promotional Period will be added back to the randomized time schedule in an attempt to award them to an eligible participant.
5. PRIZES:
Five (5) Instant Winners will each receive a Nintendo Wii prize package. Approximate retail value of each prize is $199. Each Nintendo Wii prize package includes one (1) Wii console, one (1) Wii Remote Plus, one (1) Nunchuk, and two (2) games. Color of Wii system and titles of games included in the prize are in the sole discretion of Sponsor. Limit one Instant Win prize per person/e-mail address/household address/Promotion Account during the Promotional Period. Winner is solely responsible for all federal, state and local taxes on the prize. No cash in lieu of prize. No prize transfer or substitution allowed; except that Sponsor may substitute a prize or prize component of equal or greater value in its sole discretion. Prizes will be shipped to each winner’s mailing address within 4 to 6 weeks after confirmation.
6. LIMITATIONS ON LIABILITY AND GENERAL CONDITIONS:
By participating in the Sweepstakes, you (a) agree that Hanesbrands Inc., Night Agency, LLC, and their respective parents, subsidiaries and affiliates, and all of their respective officers, directors, employees and agents shall have no liability whatsoever for, and shall be indemnified and held harmless by participants against, any liability for any injuries, losses or damages of any kind to person(s), including, without limitation, death, or property, resulting in whole or in part, directly or indirectly, from participation in this Sweepstakes or any Sweepstakes-related activities, or from acceptance, use, or misuse of any prize or prize-related activity; and (b) acknowledge that those parties have neither made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in law or in fact, relative to the prizes and/or any prize components, including but not limited to, their quality, merchantability or fitness for the intended purpose; and (c) agree that acceptance of a prize constitutes your permission (which will be confirmed in writing upon request) for Sponsor, and those acting pursuant to the Sponsor’s authority, to use your name, photograph, likeness, voice, image, statements and biographical information for advertising, trade, publicity and promotional purposes worldwide and in all forms of media now known or hereafter developed, including the World Wide Web, in perpetuity, without further compensation, and without limitation, unless prohibited by law, and without notice, review or approval.
Neither Sponsor nor Administrator is responsible for illegible, garbled, lost, late, incomplete, stolen, misdirected, undeliverable registrations, entries, free Code requests, Code submissions, email, or other electronic communications; or for postage due mail, or merchandise items or replies to free Code requests returned as undeliverable mail; or for any computer, programming, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, delays, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, Code submission information, or the failure to capture, or loss of, any such information. Sponsor and Administrator are not responsible for any malfunction, defect or error, whether human or technical in nature, affecting the administration of the Sweepstakes including but not limited to the determination of instant winners. Neither Sponsor nor Administrator is responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the web site(s). The right is reserved by Sponsor and/or Administrator, at their sole discretion, to disqualify any individual found, at their sole discretion, to be tampering with the operation of the Sweepstakes or any web site, to be acting in violation of these Official Rules and/or in any manner determined by Sponsor and/or Administrator in their sole discretion as intended to defraud Sponsor/ Administrator; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and disqualification of participant utilizing same (the foregoing includes but is not limited to commercial promotion subscription “clubs,” service web sites and like organizations); all registration, submission of Codes, and other participation in Sweepstakes must be key-stroked by hand. Sponsor and Administrator may take any other actions deemed necessary in their sole discretion so as to protect their rights. Neither Sponsor nor Administrator is responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from any web site or use of any web site.
If, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or proceed with the Sweepstakes in a manner deemed by Sponsor in its sole discretion to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted at Promotional Website.
In case of dispute, participation in Sweepstakes (including but not limited submission of Codes) will be declared to be effected by (and all materials associated with such participation in Promotion to be the sole property of) the authorized account holder under whose email address and password the Promotion Account was created. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, Online Service Provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. All claimed prizes will be awarded. If by reason of a computer glitch, virus or other error, more Instant Win prizes are notified and/or claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded. Sponsor and Administrator are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of any prize or issuance of any prize to any participant. These Official Rules are intended solely for the personal use of an individual participant and may be reproduced only once for his/her personal use.
IN NO EVENT WILL HANESBRANDS INC., NIGHT AGENCY, LLC, OR ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE(S). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE(S) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. DISPUTE RESOLUTION/CHOICE OF LAW
Except where prohibited by law, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules or this Sweepstakes (and/or the rights and obligations of Sponsor and/or participant in conjunction therewith) (collectively, “Disputes”) shall be resolved individually, without resort to any form of class action, and exclusively by an action; (b) any and all Disputes shall be resolved in state or federal court in the State of North Carolina; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; (d) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim 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; and (E) THEY WAIVE AND HEREBY DO WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules (and/or the rights and obligations of Sponsor vis-à-vis participant and participant vis-à-vis Sponsor in conjunction therewith) shall be governed by, and construed in accordance with, the laws of the State of North Carolina without regard for conflicts of law/choice of law doctrine of North Carolina or of any other jurisdiction.
8. WINNERS LIST:
For the names of the prize winners, mail a self-addressed stamped envelope to: Comfort Rewards Nintendo Wii Instant Win Winners, c/o Night Agency, LLC, 307 Canal Street, 2nd Floor, New York, NY 10013. Vermont residents only may omit return postage. Winners list requests must be received between January 15, 2012, and February 15, 2012. Requests received outside this period will not be processed. Please allow 6 to 8 weeks for delivery of winners list.
9. SPONSOR:
Hanesbrands Inc. 1000 East Hanes Mill Road, Winston-Salem, North Carolina 27105. Sweepstakes is administered by Night Agency, LLC, 307 Canal Street, 2nd Floor, New York, NY 10013.
Nintendo of America, Inc. is not a sponsor of this Sweepstakes and does not endorse or otherwise have any associations with this Sweepstakes.
Collect and Earn
HANES COMFORT REWARDS COLLECT & EARN PROMOTION
Terms and Conditions
INTERNET ACCESS AND VALID EMAIL ACCOUNT NECESSARY TO PARTICIPATE.
1. ELIGIBILITY:
The Hanes Comfort Rewards Collect & Earn Promotion (“Promotion”) is offered only to individuals who are legal residents of the 50 United States or the District of Columbia and who are at least 18 years old at time of participation. Employees, officers and directors of Hanesbrands Inc. (“Hanes” or “Sponsor”), Night Agency, LLC (“Administrator”), Disney Destinations, LLC, and their respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers and persons engaged in the development of Promotion materials and/or the implementation of the Promotion, and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or same household members (whether or not related) of such employees, officers and directors are not eligible. Groups, clubs, organizations, commercial entities, and businesses cannot participate. By participating, you accept and agree to abide by and be bound by these Terms and Conditions and all decisions of Sponsor and/or Administrator, which are final and binding in all respects. Void where prohibited.
2. PROMOTIONAL PERIOD:
The “Promotional Period” begins on or about June 1, 2010, at 12:01 a.m. Eastern Time (ET) and ends on December 31, 2011, at 11:59:59 p.m. ET. Administrator’s computer is the official clock for the Promotion.
3. HOW TO PARTICIPATE:
Purchase any specially marked package of Hanes Comfort Rewards products, while supplies last.
Then, register at the Promotional Website. During the Promotional Period, access www.ComfortRewards.com (“Promotional Website”) and click on the “Join Now” link to access the registration page. At that point, you must:
- Complete the registration form with your first and last name, street address (No P.O. Boxes), city, state and zip code, daytime phone number, email address.
- Create a password. (Record your password and keep it in a secure location.)
- Review and accept these terms & conditions for the Promotion, then click the “Submit” button to create your Promotion Account. You will receive an e-mail asking you to confirm your Promotion Account. You must click on that link to activate your Promotion Account before you will be able to enter Codes.
- Log back in to your Promotion Account with your e-mail and password, then enter the Hanes Comfort Rewards Code found on the sticker affixed to the outside of the Hanes package (“Code”) into the “Enter Your Code” box. Type in your Code exactly as it appears on the sticker. If Code is not entered exactly as it appears, Code will not be accepted.
- When you click on the “submit” button after entering a Code, the Code will automatically be converted into Points that will appear in your Promotion Account.
- When you click on the “submit” button after entering a Code, you will also be notified whether or not you are an instant winner in one of the Instant Win Sweepstakes operating throughout the Promotional Period. Please see the Official Rules for the various Instant Win Sweepstakes, available from the home page, and the Instant Win page, at www.ComfortRewards.com, for more details.
- Whenever you return to the Promotional Website during the Promotional Period, log-in by providing your email address and password. If you have another Code, submit the Code in the “Enter Your Code” box and receive more Points in your Promotion Account, as well as another opportunity for an instant win. You may redeem your Points for entry into various Sweepstakes and/or for merchandise rewards and other items, as discussed in more detail below.
Email Address and Passwords. After you have registered at the Promotional Website, each time thereafter you visit the Promotional Website to participate in the Promotion you must log-in using your email address and password. If at any time you forget your Promotion Account password, you may gain access to your password by clicking on the "Forgot Your Password" link on the Promotional Website. Follow the on-screen instructions and your password will be emailed to you (at the email address provided when you registered at the Promotional Website). You are solely responsible for the security of your password. You should take precautions to keep your password private to prevent unauthorized use. Neither Sponsor, Administrator, nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a password. Only one email address and password may be used by any participant and there is a limit of one Promotion Account per participant. Should any participant attempt to use more than one email address and/or Password in conjunction with Promotion Account(s) and/or to establish more than one Promotion Account, that participant will be disqualified from participating in the Promotion.
4. COLLECT-AND-EARN REWARDS - REDEMPTION OF POINTS:
A. Rewards. Points are redeemable for rewards of merchandise items, sweepstakes entries, gift cards, charitable donations and other items (also referred to herein as “reward items”). The number of Points credited to your Promotion Account (associated with Codes properly recorded in your Promotion Account) determines the reward item(s) you may choose to redeem at any given time.
Points may be redeemed for any combination of reward items, provided that you have at least the applicable number of Points in your Promotion Account needed to obtain selected reward item(s). Points remain valid until the end of the Promotion, so that you may use Points as they are accumulated or may save Points for a larger reward. Please note that Sponsor may add and remove reward items in its sole discretion throughout the Promotional Period, so if you see a reward you want and for which you are eligible, don’t delay.
B. Redemption Procedure: After you have a minimum of 5 Points (the lowest possible total for redemption for reward items), go to the Rewards page and click on the link for the reward item(s) that you want and click the “Redeem” button. Follow the instructions on the screen related to the particular item selected. You must have a sufficient number of Points in your Promotion Account for the reward item(s) you wish to redeem. If Sponsor determines, in its sole discretion, that an order does not comply with these Terms and Conditions, such order will be rejected without further notice. Once order is placed, the appropriate number of Points will be automatically deducted from your Promotion Account and, once deducted, Points CANNOT be reinstated. BE CAREFUL IN ORDERING REWARD ITEM(S), BECAUSE ONCE AN ORDER IS PLACED, IT CANNOT BE CHANGED, ALTERED, MODIFIED, RETRACTED OR CANCELLED EXCEPT BY SPONSOR DUE TO REWARD UNAVAILABILITY FOR ANY REASON.
Please note that the Points accumulated from Free Codes may be used for purposes of entering the various random drawing sweepstakes, but may NOT be used to redeem merchandise in the “collect-and-earn” rewards program.
ALL REDEMPTIONS MUST BE ENTERED, RECEIVED AND RECORDED BY ADMINISTRATOR’S PROMOTION COMPUTER BY DECEMBER 31, 2011, AT 11:59:59 P.M. ET. ANY POINTS WHICH ARE UNUSED AFTER DECEMBER 31, 2011 AT 11:59:59 P.M. ET WILL BE FORFEITED WITHOUT LIABILITY OF ANY KIND BY SPONSOR OR ADMINISTRATOR. SPONSER RESERVES THE RIGHT TO EXTEND THE PROMOTION PERIOD AND WILL POST NOTIFICATION OF ANY SUCH EXTENSION ON THE PROMOTIONAL WEBSITE AT LEAST 30 DAYS PRIOR TO THE END OF THE CURRENT PROMOTIONAL PERIOD.
C. General Terms: Any applicable local, state or federal taxes on reward item(s) are the sole responsibility of participants. All merchandise items are subject to availability and are available while supplies last. If a given merchandise item redeemed by a participant becomes unavailable for any reason, participant will be notified and the applicable Points for the item will be returned to participant’s Promotion Account. Merchandise reward items will be shipped via U.S.P.S. first class mail only to street addresses in the United States or District of Columbia as indicated in Promotion Account registration. If orders contain multiple reward items, different reward items may be shipped separately. Reward items are not returnable, refundable or exchangeable. No substitutions are allowed. Allow 8-12 weeks from placement of order for receipt of reward items.
While every reasonable effort will be made to maintain and accurately reflect the number of Codes redeemed and Points in a given individual’s Promotion Account as well as other information relative to an individual’s participation in the Promotion (e.g., order status), Sponsor and Administrator assume no responsibility for delays, technological or other errors which result in an inaccurate balance of Points or inaccurate/incomplete other information being displayed at any given time. You are therefore encouraged to maintain your own records as to Codes submitted, Points credited, Points redeemed for merchandise items/orders and other information regarding your participation in the Promotion.
Once you submit a Code or redeem Points for reward items (i.e., place an order), it is recommended that you record such information in a secure location or print the page and maintain it in a secure location. Neither Sponsor nor Administrator is responsible for lost, stolen, or unauthorized use of Codes, Points or Promotion Account. If lost or stolen, or used by another party, Codes and Points will NOT be replaced.
5. COLLECT-AND-EARN REWARDS - VERIFICATION
A. Sponsor reserves the right to request that any participant forward to Sponsor proof of eligibility in a form determined by Sponsor, including the Code itself, as found on the sticker (“Code Materials”). Failure to comply with this request within the time stated in the request may result in disqualification from Promotion and forfeiture of Codes/Points in Promotion Account and any pending orders may be rescinded, without liability of Sponsor or Administrator.
B. All Code Materials may be reviewed for authenticity. If the proof of eligibility and/or Code Materials are not received within the time specified on the request, you may be disqualified from the Promotion. All submitted proof of eligibility and/or Code Materials become the property of Sponsor, and will not be returned. If further investigation is required to ensure that the participant is eligible and/or the Code Materials submitted are legitimate, such individual’s Promotion Account and use/redemption of the Codes/Points in such Promotion Account (including placement and/or fulfillment of orders for merchandise items) may be suspended during the pendency of the investigation. By participating you agree to cooperate fully in any investigation. If it is determined that there are any irregularities in any Code Materials submitted and/or the participant is not eligible, disqualification from Promotion and forfeiture of Codes/Points and/or the rescission of pending order(s) by such participant may result and, in such circumstances, Sponsor, Administrator, and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”), shall have no liability to participant and may take any actions deemed necessary so as to protect their rights.
C. Code Materials and Codes will be void if they contain or are the result of printing, programming, digital, electronic, typographical, mechanical or other errors or if they are not obtained through authorized, legitimate channels. Sole liability for any Code Materials or Codes containing printing or other irregularities and/or errors is limited to replacement with another Code while supplies last. The sale (via auction or otherwise), trading, transfer, assignment, combining or barter of Codes and/or Points is prohibited. Each Code may only be used once. Codes and Points are good only for the Promotion Account in which entered; Codes and Points cannot be pooled, shared or transferred between Promotion Accounts. Codes and Points have no cash value and may not be purchased or redeemed for cash or credit. Codes and Points may only be used in a manner which is fully consistent with and as expressly stated in these Terms and Conditions; Codes and Points used in any other manner will NOT be accepted or returned.
6. LIMITATIONS OF LIABILITY:
Participants (a) agree that Sponsor, Administrator, and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be indemnified and held harmless by participants against, any liability for any injuries, losses or damages of any kind to person(s), including, without limitation, death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of Codes, Points, reward items, random drawing sweepstakes prizes, instant-win prizes, or from participation in this Promotion or any Promotion-related activities; and (b) acknowledge that said parties have neither made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in law or in fact, relative to the reward item(s), including but not limited to, their quality, merchantability or fitness for the intended purpose.
It is the sole responsibility of each participant to maintain his/her registration and contact information current; and Sponsor and Administrator will have no responsibility or liability for a participant’s failure to do so. If a participant wishes to update his/her address information, he/she must log into his/her Promotion Account and click on “Edit Current Info.” For such update to be effective, it must be made prior to placement of order for merchandise item(s) or date of a given drawing.
Neither Sponsor nor Administrator is responsible for illegible, garbled, lost, late, incomplete, stolen, misdirected, or undeliverable registrations, email, or other electronic communications; or for postage due mail or merchandise items returned as undeliverable; or for any computer, programming, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, Code submission information, random drawing sweepstakes entry information, merchandise item order/Point redemption information, or the failure to capture, or loss of, any such information. Sponsor and Administrator are not responsible for any malfunction, defect or error, whether human or technical in nature, affecting the administration of the Promotion including but not limited to the conversion of Codes into Points, the redemption of Points, or the fulfillment of orders of merchandise item(s). Neither Sponsor nor Administrator is responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion Website. The right is reserved by Sponsor and/or Administrator, at their sole discretion, to disqualify any individual found, at their sole discretion, to be tampering with the operation of the Promotion or any web site, to be acting in violation of these Terms & Conditions and/or in any manner determined by Sponsor and/or Administrator in their sole discretion as intended to defraud Sponsor/ Administrator (including improper submission of Codes; attempted redemption of Points determined by Sponsor/Administrator to have been illicitly obtained/orders for merchandise item(s) made using such illicitly obtained Points); or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like methods to participate in the Promotion will void any attempted participation effected by such methods and disqualification of participant utilizing same (the foregoing includes but is not limited to commercial promotion subscription “clubs”, service web sites and like organizations); all registration, submission of Codes, redemption of Points and other participation in Promotion must be key-stroked by hand. Disqualification will result (with all random drawing sweepstakes entries by such participant being voided) in forfeiture of any remaining unused Codes and unused Points and rescission of pending redemptions of merchandise item(s) without liability of any kind; and, Sponsor and Administrator may take any other actions deemed necessary in their sole discretion so as to protect their rights. Neither Sponsor nor Administrator is responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from any web site or use of any web site.
If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or proceed with the Promotion in a manner deemed by Sponsor in its sole discretion to be fair, appropriate and consistent with the spirit of these Terms and Conditions. Notice of such action by Sponsor will be posted at Promotional Website.
In case of dispute, participation in Promotion (including but not limited submission of Codes, redemption of Points for reward item(s)) will be declared to be effected by (and all materials associated with such participation in Promotion to be the sole property of) the authorized account holder under whose email address and password the Promotion Account was created. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, Online Service Provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor and Administrator are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the issuance of any reward item to any participant. These Terms and Conditions are intended solely for the personal use of an individual participant and may be reproduced only once for his/her personal use.
IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE(S). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE(S) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. DISPUTE RESOLUTION/CHOICE OF LAW
Except where prohibited by law, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with these Terms and Conditions or this Promotion (and/or the rights and obligations of Sponsor and/or participant in conjunction therewith) (collectively, “Disputes”) shall be resolved individually, without resort to any form of class action, and exclusively by an action; (b) any and all Disputes shall be resolved in state or federal court in the State of North Carolina; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; (d) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim 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; and (E) THEY WAIVE AND HEREBY DO WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions (and/or the rights and obligations of Sponsor vis-à-vis participant and participant vis-à-vis Sponsor in conjunction therewith) shall be governed by, and construed in accordance with, the laws of the State of North Carolina without regard for conflicts of law/choice of law doctrine of North Carolina or of any other jurisdiction.
8. SPONSOR:
Hanesbrands Inc. 1000 East Hanes Mill Road, Winston-Salem, North Carolina 27105.
