Simon & Schuster – Up All Night Sweepstakes
The UP ALL NIGHT Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
This “UP ALL NIGHT” Sweepstakes (the “Sweepstakes”) is sponsored by Simon & Schuster, Inc. (“Sponsor”). Sponsor, its parent company, subsidiaries and affiliates, and any other companies or agencies associated with the Sweepstakes (such as technology, advertising, promotion, fulfillment or judging partners), will hereinafter collectively be referred to as the “Sweepstakes Entities.”
Sweepstakes may only be entered in or from the 50 United States and the District of Columbia and Entries (as defined below) originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia.
Note that these Official Rules contain an arbitration provision below in Section 10. Disputes; Governing Law, and it applies to your participation in the Sweepstakes. Except for any Excluded Disputes (as defined below in Section 10. Disputes; Governing Law), you and Sponsor agree that disputes between you and Sponsor will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
1. How to Enter: During the Sweepstakes Period (as defined below) you may enter in ONE of three ways:
Via Landing Page: go to https://offtheshelf.com/2022/10/up-all-night-sweepstakes/ (the “Landing Page”) and follow the directions to enter (“Entry”) or;Via Facebook: Access the Entry form linked from Sponsor’s Facebook account, (@OTSBooks) in your Facebook feed and follow the directions to enter. You must have Internet access, a valid Facebook, and comply with the Terms of Service found at http://www.facebook.com/terms/#!/terms.php. If you do not have a Facebook account, you can create one by visiting www.facebook.com. Facebook accounts are free; or
Via Instagram: Access the Entry form linked from Sponsor’s Instagram account (@offtheshelfofficial). You must have Internet access, a valid Instagram account, and comply with the Terms of Service found at https://help.instagram.com/581066165581870 in order to enter the Sweepstakes. If you do not have an Instagram account, you can create one by visiting www.Instagram.com. Instagram accounts are free.
Limit one (1) Entry per person regardless of method of entry. All entrants must have a valid email address.
Duplicate Entries by the same person will be subject to disqualification. Any other attempted form of Entry is prohibited. No automatic, programmed; robotic or similar means of Entry are permitted. All Entries become the sole and exclusive property of the Sponsor. Delivery of prizes requires a street address (no P.O. Boxes). Only fully completed Entry forms are eligible. Receipt of Entries will not be acknowledged or returned.
The Sweepstakes Entities are not responsible for: (i) technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind; (ii) lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of Entry information (regardless of cause); (iii) lost, late, illegible, stolen, invalid, unintelligible, misdirected, failed, incomplete, technically corrupt or garbled Entry, which will be disqualified; (iv) jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes; (v) any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes; (vi) or for problems of any other kind whether mechanical, human, or electronic. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
All terms and conditions of Facebook.com and Instagram.com apply. Multiple entrants are not permitted to share the same Facebook or Instagram account. Any attempt by any entrant to obtain more than the stated number of Submissions by using multiple/different Facebook or Instagram accounts, identities, registrations and logins, or any other methods will void that entrant’s Submissions and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Facebook or Instagram account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
If you choose to enter via Facebook or Instagram using your mobile device, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.
2. Eligibility: Participation open only to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years old and have reached the age of majority in their state of residence by the date they enter the Sweepstakes, have provided a valid email address, and have agreed to receive author updates, new book releases, recommended reads, and other email updates from Sponsor. Entrants can opt out through their account settings or through the unsubscribe link in any Sponsor marketing communication at any time. Void outside of the 50 United States and the District of Columbia and where prohibited, taxed or restricted by law. Employees, officers, and directors of Sweepstakes Entities, in addition to their respective immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States and the District of Columbia. All federal, state, and local laws and regulations apply.
3. Start/End Dates: Sweepstakes begins at 10:00:00 AM Eastern Time (“ET”) on 10/17/22 and ends at 11:59:59 PM ET on 10/31/22 (the “Sweepstakes Period”).
4. Random Drawing/Odds: Winner(s) will be selected on or about 11/2/22 at 10:00:00 AM ET in New York, NY in a random drawing from all eligible Entries received by the end of the Sweepstakes Period. Odds of winning depend on the number of eligible Entries received for the drawing. Drawing will be conducted by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules, which will be final and binding in all matters relating to the Sweepstakes.
One (1) Grand Prize winner will receive: One (1) trade paperback copy of My Heart is a Chainsaw by Stephen Graham Jones (approximate retail value “ARV” $17.99), ONE (1) hardcover copy of Mouth to Mouth by Antoine Wilson (ARV $26.00), ONE (1) mass market paperback copy of Where Are the Children? by Mary Higgins Clark (ARV $9.99), ONE (1) mass market paperback copy of White Hot by Sandra Brown (ARV $9.99), ONE (1) hardcover edition of The School for Good Mothers by Jessamine Chan (ARV $27.00), ONE (1) hardcover edition of All the White Spaces by Allie Wilkes (ARV $27.00), ONE (1) hardcover edition of The Children on the Hill by Jennifer McMahon (ARV $27.99), ONE (1) 15 lb weighted blanket from Bearaby (ARV $269.00), ONE (1) Vekkia Rechargeable Book Light ($21.39).
Total ARV of all prizes combined: $436.35.
Prize(s) is/are non-transferable. No substitutions or cash redemptions. In the case of unavailability of [any] prize, Sponsor reserves the right to substitute a prize of equal or greater value. Unclaimed prizes will not be awarded. All taxes and unspecified expenses are the responsibility of winner(s). Limit one prize per person or household.
6. Notification: Potential winner(s) will be notified by email on or around 11/2/22. Potential winner(s) will be required to respond to Sponsor within five (5) calendar days of notification. Potential winner(s) may be required to complete and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document and/or a W-9. If potential winner(s) cannot be contacted via the email address, if potential winner(s) do not respond to Sponsor within five (5) calendar days of Sponsor’s first notification attempt, if any prize or prize notification is returned as undeliverable, if potential winner(s) rejects his/her prize, or in the event of noncompliance with these Sweepstakes rules and requirements, then such prize will be forfeited and an alternate winner(s) will be selected from all remaining eligible Entries (time-permitting). Upon prize forfeiture, no compensation will be given.
7. Conditions: ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER(S). Participation in Sweepstakes and acceptance of prize constitutes winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winner(s) agree to release and hold harmless the Sweepstakes Entities from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of God, acts of war, pandemics, epidemics, natural disasters, weather, acts of terrorism, or any other acts outside the control of Sponsor. Entrants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
8. Additional Terms: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, epidemics, pandemics, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor will select the potential winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Landing Page. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE LANDING PAGE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties: IN NO EVENT WILL THE SWEEPSTAKES ENTITIES 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 SITE ASSOCIATED WITH THIS SWEEPSTAKES, OR FROM DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes.
Except for disputes relating to the infringement of your or Sponsor’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Sponsor is seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and Sponsor (whether or not such dispute involves a third party) with regard to these Official Rules, including, without limitation, the Sweepstakes, will be resolved by binding, individual arbitration and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. Neither you nor Sponsor will participate in a class action or class-wide arbitration for any claims covered by this agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, New York law.
Any such arbitration shall be administered by the JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with its then governing rules and procedures applicable to consumer arbitrations, including the JAMS Streamlined/Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards (the “JAMS Rules”). Contact information for JAMS, as well as copies of the JAMS Rules and applicable forms, are available at http://www.jamsadr.com. You and we agree that, under JAMS Rule 6(e), any arbitration between us shall be consolidated with any other arbitration(s) submitted to JAMS if and only if the arbitrations involve: (a) the same legal causes of action; (b) common issues of fact and law; and (c) the same counsel. However, class arbitrations are not permitted. Payment of the fees will be determined by the JAMS Rules and fee schedule in place at the time.
Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. You agree that any action at law or in equity relating to the arbitration provision of these Official Rules or the Excluded Disputes will be filed only in the state or federal courts located in New York, NY and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
12. Name of winner/List of Winners: To obtain a list of winner(s), send a self-addressed, stamped envelope by 3/1/23 to: Emily Lewis, Simon & Schuster, Inc., 1230 Avenue of the Americas, New York, NY 10020.
13. Sponsor: Simon & Schuster, Inc., 1230 Avenue of the Americas, New York, NY 10020.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK OR INSTAGRAM.