BOOKSHOP.ORG GIVEAWAY 

TERMS AND CONDITIONS

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ENTRANTS MUST BE EIGHTEEN (18) YEARS OR OLDER AND LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED.

By entering a Bookshop.org Giveaway (each, a “Sweepstakes” and collectively, the “Sweepstakes”), each entrant and participant (each, an “Entrant” and, collectively, the “Entrants”) agrees to abide by and be bound by these terms and conditions (“T&C’s”) and the decisions of the applicable sponsor offering the Sweepstakes (each, a “Sponsor” and collectively, the “Sponsors”), which are final and binding in all respects and not subject to appeal.  Bookshop.org is not a sponsor of any Sweepstakes.

  1. ELIGIBILITY: The Sweepstakes are open only to persons ages eighteen (18) years of age or older (or those who are the legal age of majority in their state of residence prior to the date of entry into the applicable Sweepstakes) and who, as of the time of such entry, are legal residents of, and physically located within, the fifty (50) United States or the District of Columbia (the “Territory”). The Sweepstakes are void outside of the Territory and where prohibited, taxed, or restricted by law. Officers, directors, employees, contractors, and agents of the applicable Sponsor or Bookshop.org and any of their respective parent, subsidiary, affiliate, and related companies (collectively, the “Sweepstakes Entities”), as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution, or distribution of a Sweepstakes, are not eligible to participate in such Sweepstakes. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother, or brother in-law of a person. The Sweepstakes may only be entered in or from the Territory and purported entries originating from any other jurisdiction other than the Territory are not eligible for entry. All federal, state, and local laws and regulations apply to the Sweepstakes.
  2. PRIZE(S) AND WINNER SELECTION METHOD: The applicable Sponsor will award a prize to one or more individuals who enter a Sweepstakes at such Sweepstakes’ point of entry (each, a “Landing Page”). Each Landing Page will specify the Sponsor, prize(s), how to enter, and when each Sweepstakes begins and ends (which may be sooner than the end dates and times provided on the Landing Page, depending on the available supply of prizes)(such period, the “Sweepstakes Entry Period”). The approximate retail value of each prize will vary depending on the title and number of books comprising each prize as set forth on the applicable Landing Page. The potential winner(s) of each Sweepstakes will be selected at random from among all eligible entries received. Odds of winning a Sweepstakes depend on the number of eligible entries received. An e-mail notification will be sent to each Winner (as defined below) . The prize(s) will be delivered by the applicable Sponsor.
  3. HOW TO ENTER.  To enter a Sweepstakes follow the entry form instructions on the applicable Sweepstakes Landing Page. 
  4. LIMITATIONS: There is a limit of one (1) entry per Entrant for each Sweepstakes. Eligibility to win a prize in additional Sweepstakes requires a separate entries for each such Sweepstakes. In case of dispute as to the identity of any Entrant, the Sponsor of the applicable Sweepstakes will declare the entry made by the registered name and email address associated with such entry. Any potential Winner may be requested to provide the applicable Sponsor with proof that such person is the Entrant by whom the winning entry was submitted. Entrants who have not complied with these T&C’s (or the instructions on the applicable Landing Page) are subject to disqualification and their respective applicable entry will be void. Each Sponsor reserves the right to disqualify any entry in a Sweepstakes if such Sponsor determines or suspects, in its sole and absolute discretion, that the Entrant who submitted the entry in question has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, or other fraudulent, deceptive, or unfair acts, omissions, or playing practices. Each Sponsor reserves the right to cancel, modify, or suspend a Sweepstakes at any time. In the event of cancellation, the applicable Sponsor reserves the right to select a Winner from among all eligible entries received up to the date and time of such cancellation in a manner determined by such Sponsor to be fair, appropriate, and consistent with these T&C’s, in the Sponsor’s sole and absolute discretion.

The Sweepstakes Entities do not warrant or guarantee that access to a Sweepstakes will be uninterrupted. Neither the Sponsor nor Bookshop.org nor any of their respective present or future officers, directors, employees, contractors, affiliates, content partners, vendors, licensors, distributors, advertisers, other contracting parties, agents, representatives, successors, or assigns (individually and collectively, “Releasees”), are responsible for: (a) entries from persons residing or physically located outside the Territory; (b) entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible, or otherwise not compliant with these T&C’s; (c) lost, interrupted, or unavailable networks, servers, satellites, or websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Sweepstakes, the processing of entries, or the offering or announcement of a prize; (e) any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature or otherwise; (f) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; (g) any changes to any website function that may interfere with the Sweepstakes or an Entrant’s ability to timely enter the Sweepstakes; or (h) damage to an Entrant or any other person or entity’s system occasioned by or arising from participation in the Sweepstakes or downloading any information necessary to participate in the Sweepstakes; even if caused by the negligence of any of the Releasees.

  1. PRIZE RESTRICTIONS: Each prize is non-transferable and non-assignable. No substitution, transfer, or cash redemption or equivalent of any prizes or any portion thereof is permitted, except at the applicable Sponsor’s sole discretion or as otherwise provided herein. No Sponsor will replace any prizes if lost or stolen. Each Winner is solely responsible for all applicable federal, state, and local taxes, including taxes imposed on such Winner’s income. No more than the stated number of prizes set forth on the applicable Landing Page will be awarded.  
  2. DRAWING; ODDS: A winning Entrant (the “Winner”) will be selected in a random drawing from among all eligible Entries received for each Sweepstakes during the applicable Sweepstakes Entry Period. The odds of winning the prize depend on the total number of eligible Entries received during a Sweepstakes Entry Period. Notwithstanding anything set forth herein to the contrary, each winning Entrant shall be considered a “potential Winner” unless and until verified and confirmed by the applicable Sponsor as meeting the eligibility requirements to be the official Winner of a Sweepstakes set forth in these T&C’s.
  3. PRIVACY POLICY: Bookshop.org will collect personal data about Entrants online in accordance with its privacy policy, located at  https://bookshop.org/pages/privacy_notice. Personal data about Entrants will also be collected by each Sponsor and handled in accordance with such Sponsor’s privacy policy.  By participating in the Sweepstakes, each Entrant hereby agrees to Bookshop.org’s and the Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Bookshop.org’s and the Sponsor’s respective privacy policy.
  4. INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASEES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS’ FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARD OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING (IF ANY) TO OR FROM ANY PRIZE-RELATED OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON, OR PROPERTY. EACH WINNER AGREES (AS BETWEEN THE SPONSOR OR SWEEPSTAKES ENTITIES AND SUCH WINNER) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT AGREES THAT (I) 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; AND (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES AND WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY SUCH ENTRANT. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  1. GOVERNING LAW; VENUE: All issues and disputes concerning the construction, validity, interpretation, and enforceability of these T&C’s or the rights and obligations of Bookshop.org, each Sponsor or any Entrant, or Releasee in connection with the Sweepstakes or these T&C’s shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. By participating, each Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or the prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively in the state courts located in New York, New York, and the Entrant waives all jurisdictional, venue, or inconvenient forum objections to such court.
  2. GENERAL: All applicable federal, state, and local laws apply to the Sweepstakes. Each Winner, by acceptance of a prize, grants to the applicable Sponsor, Bookshop.org, and each of their respective designees the absolute right and license to use, publish, post, and/or display such Winner’s name, in any and all media now known or hereafter devised (including, without limitation, online or in print, film, or television), throughout the world and on the Internet (including, without limitation on social media channels), in perpetuity, without additional compensation or consideration, notification, or permission, unless prohibited by applicable law. Any of the Sweepstakes Entities’ failure to or decision not to enforce any provision in these T&C’s will not constitute a waiver of that or any other provision. These T&C’s shall govern and prevail in the event of any conflict with any terms or conditions applicable to a Sweepstakes contained in these T&C’s and those contained in Sweepstakes-related materials. In the event that any provision is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable or illegal, these T&C’s shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Sweepstakes Entities’ employees are not authorized to waive, modify, or amend any provision or provisions of these T&C’s in any manner whatsoever. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
  3. TERMS AND CONDITIONS: For a copy of these T&C’s, print this webpage or send a self-addressed, stamped envelope (except for Vermont residents, who may omit postage) to .Bookshop.org, 463 Lincoln Place #200, Brooklyn, NY 11238, Attention: Bookshop.org Sweepstakes

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