Official Rules and Regulations
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Sponsor: The Container Store, Inc., 500 Freeport Pkwy., Coppell, TX 75019.
Who may enter?
The Container Store's Win a Trip to the Unforgettable Cook Islands Sweepstakes (the "Sweepstakes") is open to legal residents of the United States and the District of Columbia who are at least 18 years of age at the time of entry. Void where prohibited by law. The following persons are not eligible to enter the Sweepstakes: (a) employees of Sponsor, its affiliates or subsidiaries, (b) employees of any organizations directly involved with this promotion, (c) immediate family members or persons living in the same household as the persons identified in (a) or (b) above. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this promotion.
The sweepstakes begins May 6, 2013 and ends June 23, 2013 (the "Sweepstakes Period").
How to enter:
A purchase will not improve chances of winning. Individuals may enter using one of the sweepstakes entry methods stated below. Incomplete entries and/or entries containing inaccurate information will be void at Sponsor's sole discretion. Each individual is limited to a maximum of one (1) total Sweepstakes Entry. Sponsor will not be responsible for lost, late, incomplete, stolen, illegible, or misdirected entries due to any reason. The Sponsor reserves the right to disqualify, at its sole discretion, all entries with irregularities. Entries must be received by 11:59PM CST on the last day of the Sweepstakes Period. All entries and requests become Sponsor's property and will not be returned or acknowledged.
Method #1: Individuals must visit http://www.containerstore.com/tripfortwo. To submit one (1) Sweepstakes Entry, entrants must follow the online instructions and submit his/her name, address, telephone number, and email address through the web form.
Method #2: Individuals must mail a 3 x 5-inch card hand-printed with the following information: the entrant's first and last name, mailing address, phone number (area code included), and email address (if available). The card must arrive inside one standard business envelope hand-printed to the following address: The Container Store's Win a Trip to the Unforgettable Cook Islands Sweepstakes, 500 Freeport Pkwy., Suite 100, Coppell, TX 75019-3863. Upon receipt, both the 3 x 5-inch card and the standard business envelope used to mail the card are a combined "Sweepstakes Entry." Photocopied, facsimile, illegible or mechanically reproduced entries are not eligible. The information submitted via Method #2 will only be used for administration of the Sweepstakes.
A total of one (1) winner will be selected in a random drawing from all eligible entries received during the Sweepstakes Period. The drawing will be held within seven (7) days after the end of the Sweepstakes Period. Winners will be notified within seven (7) days after the drawing via the contact information provided on the Sweepstakes Entry. All decisions in all matters relating to this Sweepstakes made by the Sponsor are final.
Prizes and odds of winning:
One (1) winner will receive a trip for two to the Cook Islands ("Trip for Two") and an Eagle Creek® luggage package. The Trip for Two prize includes round-trip international economy class air travel for two (2) people from Los Angeles, California (LAX) to Rarotonga, Cook Islands (RAR); five (5) nights accommodation at the Little Polynesian resort; and one (1) day of touring. The approximate, aggregate value of the Trip for Two prize is $7,000 USD. The approximate, aggregate retail value of the Eagle Creek® luggage package is $650 USD. The odds of winning depend upon the number of entries received.
Prize Restrictions: Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prizes awarded. All travel arrangements, including airfare and accommodation, are based on availability and subject to blackout dates and other restrictions. Reservations must be requested sixty (60) days prior to intended date of departure and are subject to availability at time of request. Trip time is subject to approval by Cook Islands Tourism Corporation. Prize travel must be completed between October 1, 2013 and September 30, 2014. Winner and guest must travel on the same itinerary throughout. Re-booking and changes are not permitted. Tickets are non-refundable and non-transferrable. Prize winner is responsible for all costs of passports, visas, travel insurance, additional touring, meals, and any other personal items. All unspecified expenses related to acceptance/use of prize and all taxes (including airline taxes) on prize are winner's sole responsibility. If travel guest is a minor, winner must be his/her parent/guardian, or his/her parent/guardian must also be ticketed on the entire trip. The prize may not be sold, assigned, transferred, changed, exchanged, substituted or redeemed for cash. Sponsor reserves the right to substitute a prize of equal or lesser value.
All properly claimed prizes will be awarded. The winner is responsible for all applicable taxes and acceptance of prize constitutes permission (except where prohibited) to use winners' name, hometown and likeness by Sponsor and/or other prize providers for purposes of advertising, promotion and publicity in any media without additional compensation or authorization. The winner must complete and sign an Affidavit of Eligibility, a Liability Release, all applicable forms required by taxing authorities and, where permitted, a Publicity Release. The winner must return these documents within ten (10) days of Sponsor sending. Tennessee residents need not sign the Publicity Release. Failure by a winner to timely complete, sign and return the documents or the return of any prize notification as undeliverable will cause prize to be forfeited. It is the entrant's responsibility to ensure the Sponsor has the correct email address, telephone number, and postal address. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line 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.
Limitation of liability:
By entering, entrants and winners release and hold harmless Sponsor, Eagle Creek, the Cook Islands Tourism Corporation, the Little Polynesian resort, and Air New Zealand (the "Participating Companies"), their parents, subsidiaries and affiliated companies, respective subsidiaries, directors, officers, employees, and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this promotion or acceptance or use of any prize won. Participating Companies recommend winner purchase traveler's insurance.
PARTICIPATING COMPANIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THIS PROMOTION. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE DURATION OF THE PROMOTION. IN NO EVENT WILL THE PARTICIPATING COMPANIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR ANYONE ELSE INVOLVED IN THE CREATION OR OPERATION OF THIS PROMOTION BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The above disclaimers do not apply in states where prohibited.
The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this promotion or downloading any materials in this Sweepstakes. If for any reason this promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the promotion. Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the promotion.
This promotion is offered only in the continental United States.
The Prize will be sent to the verified winner by certified mail, return receipt requested or courier. For the name of the winner(s), mail your name and complete address on a 3 x 5-inch card in a standard business envelope to The Container Store, Attn: Legal Department, RE: The Container Store's Win a Trip to the Unforgettable Cook Islands Sweepstakes, 500 Freeport Pkwy. Suite 100, Coppell, TX 75019 by the end of the Sweepstakes Period.
AGREEMENT TO ARBITRATE DISPUTES, WAIVER OF RIGHT TO JURY TRIAL, AND WAIVER OF RIGHT TO BRING OR PARTICIPATE IN CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS
You agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You hereby waive any right to a jury trial of any dispute you have with The Container Store ("Sponsor"). Neither you nor Sponsor may bring a claim against the other as a class action, representative action, or private attorney general action. Neither you nor Sponsor may act as a private attorney general or class representative, nor participate as a member of a class of claimants, with respect to any dispute or claim between us. These Terms of Service evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA").
As used in this arbitration agreement and waiver, the terms "Sponsor" and "you" include Sponsor's and your respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns. This arbitration agreement and waiver will be interpreted broadly, and will encompass all disputes between you and Sponsor, including, but not limited to claims that relate in any way to the relationship between you and Sponsor, your participating in this Sweepstakes, regardless of legal or equitable theory.
This arbitration agreement and waiver does not preclude you from seeking action by federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from us on your behalf. Moreover, you and Sponsor have the right to bring qualifying claims in small claims court.
Arbitration of any dispute or claim must be initiated within one year after the date on which the basis for the dispute or claim first arises, or within the period of time provided by applicable statute of limitations or other law, whichever is shorter. Unless you and Sponsor both agree otherwise, the arbitrator may not join your claim(s) or Sponsor's claim(s) with any other claim, and may not preside over any representative or class proceedings. All disputes between you and Sponsor shall be governed by and resolved in accordance with, the laws of the United States of America and the State of Texas, without regard to their choice of law provisions.
Each party retains the right to apply to any court of competent jurisdiction for provisional and/or conservatory relief, including pre-arbitral attachments or injunctions, and any such request shall not be deemed incompatible with this agreement to arbitrate, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
The arbitration will be conducted by the JAMS dispute resolution service. To initiate arbitration, you or Sponsor must submit a claim to JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225, (214) 744-5267, with notice to the other party by certified mail. Notice to Sponsor should be sent to: The Container Store, Inc. Attn: Legal Department, 500 Freeport Pkwy, Suite 100, Coppell, TX 75019. For more information regarding JAMS, you may visit its website at http://www.jamsadr.com/. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules") in effect on the date of commencement of the arbitration, as modified by these Terms of Service. The arbitration will be conducted by a single arbitrator, selected in accordance with the JAMS Rules.
Unless the arbitrator decides or the parties mutually agree otherwise, the arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. The parties will, at a minimum, exchange all documents upon which they intend to rely in the arbitration, within sixty (60) days of commencement of the arbitration. The arbitrator will have the power to require either party to provide the other with additional documents, as reasonably necessary for either party to assert its claims or defenses in the arbitration.
If the arbitrator determines, at the request of a party or independently, that the personal presence of the parties is necessary, then the arbitrator may direct the parties to participate and the parties agree to do so. In that case, the parties agree that the place of the arbitration shall be at a mutually agreeable location in Dallas County, Texas.
For any arbitration in which you claim less than $1,000, Sponsor will reimburse you for the cost of your filing fee with JAMS and will pay all of JAMS' other costs and fees. For claims between $1,000 and $10,000, you will pay any filing fee required by JAMS, and Sponsor will pay all of JAMS' other costs and fees. If you bring a claim for more than $10,000, payment of fees and other costs to JAMS will be governed by the JAMS rules. Except to the extent authorized by statute and awarded by the arbitrator, each party will otherwise bear the cost of preparing and presenting its own case.
If the arbitrator determines that any claim brought by you is frivolous, or if the arbitrator's award to you is less than the amount offered to you by Sponsor prior to arbitration in exchange for a settlement and release of your claim, then payment of JAMS' costs and fees will be governed by the JAMS rules, and you agree to reimburse Sponsor for any costs or fees that it paid that otherwise would have been your responsibility under the JAMS rules.
In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and Sponsor of the reasons for his or her decision. The arbitrator may award declaratory or injunctive relief, but only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA. Any proceedings to enforce, vacate, or modify any arbitration award will be governed by the laws of the State of Texas, without regard to its choice of law provisions.
The content of the arbitral proceedings and any rulings or award shall be kept confidential by the parties and the arbitrator except: (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award or other relief granted by the arbitrator in bona fide legal proceedings before a state or federal court or other judicial authority; or (ii) with the consent of all parties. Notwithstanding anything to the contrary in this Agreement, either party may disclose matters relating to the arbitration or the arbitral proceedings where necessary for the preparation or presentation of a claim or defense in this arbitration.