Merry Modern Giveaway

Merry Modern Giveaway

By Dwell
Official Rules

No Purchase Necessary to Enter or Win. A Purchase Will Not Increase Your Chances of Winning. The following are the official rules for the 2016 Merry Modern Giveaway ("Giveaway"):

1. Sponsor: 

The Giveaway is sponsored by Dwell Media LLC ("Dwell"), located at 901 Battery Street, Suite 401, San Francisco, CA 94111 ("Sponsor"). 

2. Eligibility: 

Entrants must be individual persons, and not entities, businesses, or organizations. The Giveaway is only open to legal residents living (and located at the time of entry) in the 50 United States and the District of Columbia, who are at least 18 years old at the time of entry. The Giveaway is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. Employees of Sponsor and its advertising, promotional, and other agencies, and their immediate families (parent, sibling, child, and spouse of any of the foregoing) and those living in their immediate households, whether or not related, are not eligible to enter the Giveaway or to win a prize. 

3. Contest Entry Period: 

The Giveaway will start at 12 p.m. PST on November 14, 2016 and end at 11:59 p.m. PST on December 31, 2016 ("Giveaway Period"). Sponsor reserves the right to extend or shorten the duration of the Giveaway Period. Entrants may enter for multiple products/prizes during the respective Giveaway Period. Entrants may only win one prize.

4. How to Enter:  

To enter, go to the 2016 Merry Modern Giveaway landing page which will list all products being featured during the Giveaway Period. You may enter for multiple products/prizes, and you may enter up to five times for any particular product/prize. Entrants may only win one prize in the Merry Modern Giveaway.  See paragraph 6 below.  Comment on the product/prize with #merrymodern to enter. The odds of winning any particular product/prize depend on the number of entries submitted for that product/prize, and you will not be eligible to win a product/prize if you have already won another product/prize in the Giveaway. 

5. Right to Use Name:  

By submitting an entry, you hereby irrevocably consent to the display and other use by Sponsor and its successors and assigns of your name if you win a product/prize, for any purposes directly or indirectly related to the Giveaway, and in any format or medium now existing or later developed. You hereby waive any and all rights of publicity and rights of privacy associated with Sponsor’s use of your name in identifying you as a winner. The rights granted under this paragraph are without compensation or notification to you of any kind, except as required by law.

6. Selection of Winners: 

Within two weeks after the close of the Giveaway Period, the winner of each product/prize will be determined through a random selection from among all the entries for that product/prize. PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY THE SPONSOR OR PAYMENT OF ANY KIND WILL NOT IMPROVE CHANCES OF WINNING. The potential winner of each product/prize will be notified by the Sponsor within fourteen (14) days after the close of the Giveaway Period. If a potential winner chooses not to accept the prize, or does not respond within seven days of the first notification and after two attempts by the Sponsor to reach them, a new potential winner for that product/prize will be determined through a random selection. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the potential winner. As a condition of receiving any product/prize, each winner will be required to execute a winner's agreement (the "Winner's Agreement"). The Winner's Agreement will contain, among other things, an affidavit of eligibility, releases, provisions concerning the prize, and a privacy waiver. 

7. Prize: 

Sponsor reserves the right in its sole discretion to change the prizes offered. No prize is redeemable for cash or for any differential between the stated retail value of the prize and the actual value. The prizes will be shipped to winners directly from the responsible vendors. 

8. Taxes and Documentation: 

All federal, state, and local taxes on the monetary value of the prize are the sole responsibility of the winner. Sponsor will file a 1099 tax statement with the IRS for any prize with a retail value of $600 or more. The winner of any such prize will be required to sign a W-9 form, and failure to do so will result in forfeiture of the prize.

9. General Conditions: 

By participating in the Giveaway, entrants agree to abide by the terms of these Official Rules and by the decisions of Sponsor, which will be final and binding on all matters pertaining to this Giveaway. Should there be a dispute regarding who may have submitted an entry, the entry will be deemed to have been submitted by the authorized entrant at the time the entry was made. By participating in the Giveaway, you release, acquit, and forever discharge Sponsor and Sponsor’s affiliates, subsidiaries, officers, directors, employees, agents, successors and assigns (collectively, the "Released Parties") from any and all manner of action or actions, suits, claims, damages, judgments, levies and executions, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which an entrant and his or her successors and assigns ever had, has, or may have, or claim to have against the Released Parties, for, upon, or by reason of any matter, act, or thing relating to the Giveaway. Sponsor may modify, suspend, or terminate the Giveaway at any time, and for any reason that it may determine in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entrant, and remove such entrant from the Giveaway, who tampers with the entry process or the operation of the Giveaway or who acts in violation of these Official Rules. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Privacy Policies: 

In addition to the name usage rights described in these Official Rules, by entering the Giveaway, you agree and consent that any information provided upon entering may be used by Sponsor in accordance with its Privacy Policy located at 

11. Disputes/Choice of Law: 

You agree that the Giveaway shall be governed by the laws of the State of California and: (1) any and all disputes, claims and causes of action arising out of or connected with the Giveaway shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in San Francisco, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"); and (4) you hereby waive all rights to claim Special Damages. Under no circumstances shall Sponsor’s aggregate liability to any entrant of the Giveaway exceed One Dollar ($1.00).

12. Winners’ Names:To request the names of the winners, send a self-addressed postage-stamped envelope the attention of Jessie Philipp, Digital Program Manager at Dwell Media LLC, 901 Battery Street / Suite 401 / San Francisco, CA 94111. Requests must be received prior to December 31, 2016.

Photo: Laurentian Ski Chalet, courtesy of RobitailleCurtis


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