Terms and Conditions

Barnes & Noble Most Outrageous Holiday Sweater Contest

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING

The Barnes & Noble Most Outrageous Holiday Sweater Contest (the "Contest") is sponsored by Barnes & Noble, Inc. ("Sponsor"), 122 Fifth Avenue, 7th floor, New York, NY 10011. Entrants must submit a photo in accordance with these official contest rules ("Official Rules"). 

ELIGIBILITY: Open only to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years old at the time of entry. Employees of Sponsor, and its and their parent, affiliates, subsidiaries, and advertising and promotion agencies involved in this Contest, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate in or win the Contest. Void where prohibited by law. All applicable federal, state and local laws apply. 

START/END DATES: Contest begins at 10:00:01 a.m. Eastern Time ("EDT") on November 21, 2014 and ends at 11:59:59p.m. EDT on Sunday, November 23, 2014 (the "Entry Period"). 



HOW TO ENTER: Entry does not require a payment or a purchase of any kind. To enter the Contest, an Entrant must have an Instagram, Twitter or Facebook account. If you do not have an Instagram account you may create one for free by visiting www.instagram.com. If you do not have a Twitter account you may create one for free by visiting www.twitter.com. If you do not have a Facebook account you may create one for free by visiting www.facebook.com. By submitting your information and creating an account, you agree to the terms of use and privacy policy of Instagram and/or Twitter and/or Facebook, as applicable. If you do not agree to such terms of use and privacy policies, you cannot create an account or participate in this Contest. In order to enter the Contest the "Photos Are Private" option in the account settings of your Instagram account must be set to "OFF". Sponsor may not receive Entries from Twitter users with "protected" updates (i.e., Entrant has set his or her account so that only people the Entrant has approved can view his or her updates.) Sponsor may not receive Entries from Facebook if a user does not indicate a photo is available to “public.” If Entrant is using his or her mobile device to enter changes, including message and data rates, may apply. Entrants should consult their wireless service provider regarding its pricing plans. 

To enter the Contest, take a photo inside a Barnes & Noble store during normal business hours in an outrageous holiday sweater. Post the photo to Instagram, Twitter or Facebook using the #BNSweaterContest hashtag during the Entry Period to receive one (1) entry ("Entry") into the Contest. There is no limit to the number of Entries an Entrant may submit; however, each Entry should contain unique/different content from Entrant's other Entries.  By entering the Contest, each Entrant grants Sponsor a non-exclusive, royalty-free, irrevocable right to reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, feature and otherwise use the Entry, without restriction and without compensation, notification, or additional consent from Entrant or any third party. Entrant warrants that it has the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Entry will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, or create claims for breach of contract, anywhere in the world. Entrant agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Entry. The Entry must not include materials (language, phrases, quotations, artwork, etc.) belonging to or copyrighted by third parties. Any such Entry will be disqualified. The Entry must not have been previously published or otherwise exhibited. The Entry must not contain any material that infringes upon any personal, proprietary, or any other right of any third party. The Entry must not contain any obscene or otherwise objectionable material (as determined by Sponsor within its sole discretion). The Entry must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. The Entry must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; (c) encourages or provides instructional information about illegal activities or (d) references any brand name products. Entrant acknowledges that Entrant will not receive any compensation of any kind for its Entry. Entries generated by script, macro or other automated means are void, as are Entries that are illegible, garbled, incomplete or that contain errors. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. 

JUDGING CRITERIA: On or before 5:00:00 p.m. EDT on Wednesday, November 26, 2014, two judges ("Judges"), will choose one (1) first prize winner, one (1) second prize winner, and one (1) third prize winner from among all eligible Entries received during the entry period, for a total of three (3) contest winners, with the highest scores based on the following equally weighted criteria: (1) silliness of the sweater, (2) overall holiday-spirit of the sweater, (3) general creativity of the photograph.
In the event any potential Winner is disqualified for any reason, the entrant with the next highest total score in the pool of entrants who have submitted valid Entries will be chosen as the Winner. In the event that no Entries are received, no prize will be awarded. Sponsor reserves the right to not select a Winner, or to extend the Entry Period if in its sole discretion it does not receive a sufficient number of eligible and qualified Entries. The decision of Sponsor in this matter is final and binding.

 

WINNER NOTIFICATION/ VALIDATION: The potential Winners will be notified by Instagram, Twitter or Facebook message by November 28, 2014 and each potential Winner may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity form (where legal) within seven (7) days of date of attempted notification. Noncompliance within this time period, or with these Official Rules, or the return of any prize/prize notification may result in disqualification and, at Sponsor's discretion, time period permitted, an alternate potential Winner may be selected. Prizes will be fulfilled approximately 2-3 weeks after winner validation. Any Winner later determined to be ineligible may be required to return his/her prize. 



PRIZES: One (1) First Prize winner will receive a bundle of ten gifts: Original Buddha Board (ARV $34.95); Mini Buddha Board in Black (ARV $10.95); Playable Art Ball Desk Sculpture (ARV $32.00); Bag Xmas Jumbo Batiktastic Flakes (ARV $5.95); Crosley Executive USB Turntable-Brown/Black (ARV $109.95); Mini Buddha Board in Red (ARV $10.95); Cotton Twill Tablet Pillow in Khaki (ARV $19.95); Bag Xmas Jumbo Snappy Stripe (ARV $5.95); Chef’s Center White & Silver Cookbook Holder (ARV $29.95); 642 Things to Draw: Journal (ARV $16.95); HappyLight Liberty 5.0 Natural Spectrum Energy Lamp (ARV $39.95); Craft Beer Kit – American Pale Ale (ARV $45.00); Pencil & Pastel Wooden Art Case – 54 Pieces (ARV $29.95); 642 Things to Write Journal (ARV $16.95); Craft Beer Kit – Hefeweizen (ARV $45.00); Microwave Corn Popper 2.5 QT (ARV $29.95). The total approximate retail value of the one (1) Grand Prize bundle is  $484.35. One (1) second prize winner will receive a Barnes & Noble gift card valued at $250, and one (1) third prize winner will receive a Barnes & Noble gift card valued at $100. The total approximate retail value of all prizes is $834.35. No transfer, substitution or cash redemption will be awarded, except Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion, if any advertised item becomes unavailable. All prize details are at the sole discretion of the Sponsor. If the Winner cannot accept the prize as stated, prize will be forfeited and at Sponsor's discretion, an alternate Winner may be selected. The Winner is solely responsible for any and all federal, state, and local taxes or any other expenses in connection with the acceptance, receipt and/or use of any prize awarded. 



GENERAL RULES: Acceptance of prize constitutes permission for the Sponsor and its designees to use Winner's name, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, entrant (i) agrees to release and hold Sponsor, its parent, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability arising in whole or in part, directly or indirectly, out of participation in the Contest or misuse, nonuse or use of any prize; (ii) waives all rights to claim punitive, incidental and consequential damages, attorneys' fees or any damages other than actual out-of-pocket costs incurred to enter; and (iii) agrees to be bound by these Official Rules. Released Parties are not responsible for incomplete, lost, late, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered Entries; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual's ability to participate. Sponsor reserves the right in its sole discretion, to cancel, suspend or modify the Contest, or to disqualify any implicated entrant(s), (and their Entries) if any fraud, virus, actions by entrants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Contest, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to award the prize in a random drawing from among all eligible, non-suspect Entries received up to the time of the event or action warranting such cancellation. In the event this Contest is cancelled prior to the stated end date, a notice will be posted at www.barnesandnoble.com/discoveryweekend.  CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Contest, including, without limitation, errors which may occur in the administration of the Contest, the processing of Entries, the announcement of the prize or in any Contest-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest. 



WINNERS' NAMES: For the names of the Winners, available after December 15, 2014, send a self-addressed, stamped envelope to: Barnes & Noble Most Outrageous Holiday Contest, Barnes & Noble, 122 Fifth Avenue, 7th Floor, New York, NY 10011, to be received by May 15, 2015. 



NO WARRANTIES: Sponsor makes no warranties regarding any of the prizes furnished as part of this Contest. 



PRIVACY: Any information submitted to Sponsor, including all Entries will be governed by the terms of Barnes & Noble's User Agreement and Privacy Policy.



GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of any entrant, Sponsor, and/or any of the Released Parties 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 or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of New York, County of New York. The parties consent to the jurisdiction of the state and federal courts of New York with respect to any action, dispute, or other matter pertaining to or arising out of this Contest.

 

NO IMPLIED ENDORSEMENT: This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. The names of individuals, groups, companies, products and serviecs mentioned herine and any corresponding likeness, logos and images thereof reproduced herin, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respected owners. The mention of any individual, group or company, or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.