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My Gaiam Challenge Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY
1. ELIGIBILITY. The Gaiam, Inc. ("Gaiam") "My Gaiam Challenge" (the "Giveaway") is only open to entrants who, as of the entry date, are (a) legal residents of the United States and its territories and possessions, or Canada, excluding Quebec province (the "Territory"), and (b) at least eighteen (18) years old. The Giveaway is void outside the Territory, and where prohibited or restricted by law. Employees, officers and directors of Gaiam and its parents, subsidiaries, and affiliates, are not eligible to enter. Individuals or teams of individuals may enter the Giveaway, but corporate or other entities may not enter the Giveaway.
2. TIMING. The Giveaway begins at 12 midnight Mountain Standard Time ("MST") on April 22, 2011 and ends at 11:59 p.m. MST on June 3, 2011 (the "Entry Period").
3. HOW TO ENTER. There are two (2) ways to enter the Giveaway:
* To enter online: Click on the designated link in the "My Gaiam Challenge" email you received or log on to life.gaiam.com (the "Gaiam Life Website") during the Entry Period, click on the Share My Pledge link displayed on ads appearing throughout the site, and follow the on-screen instructions to enter the Giveaway and/or become a new subscriber to the Gaiam Life email newsletter and/or Gaiam.com emails.
* To enter by mail: Mail an index card or postcard with your name, age, mailing address, and email address to My Gaiam Challenge, PO Box 3095, Boulder, CO 80307-3095.
For all entries Limit: one (1) entry per email address, regardless of method of entry. All entries must be received by Gaiam during the Entry Period, and none will be acknowledged or returned. Multiple entries received from any email address after the first entry received from that email address will be void. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized holder of the email account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. The "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 responsible for assigning email addresses for the domain associated with the submitted email address. Entries generated by script, macro or other automated means are void. All information collected in connection with this Giveaway ("Information") will be used (i) to administer the Giveaway, (ii) in connection with marketing offers from Gaiam, and (iii) otherwise in accordance with the Gaiam privacy policy, available at life.gaiam.com. By participating in the Giveaway, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Gaiam (including, without limitation, decisions regarding eligibility of entries, the selection of winners, and the awarding of prizes), which are final and binding in all respects. All entrants and entries are subject to verification by Gaiam.
4. WINNER SELECTION; NOTIFICATION. One (1) potential winner will be selected by random drawing from among all eligible entries received by Gaiam each week during the Entry Period, for a total of six weeks. On or about each Friday during the entry period, one (1) potential weekly winner will be selected from all eligible entries received during the previous week. Entrants must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by letter (by postal or overnight delivery) or email. Except where prohibited by law, a potential winner will be required to execute and return to Gaiam an Affidavit of Eligibility and Release (an "Affidavit/Release") in order to claim her/his prize. The Affidavit/Release must be returned to Gaiam by the date and/or time indicated. A Canadian resident who is deemed a tentative prize winner must correctly answer a mathematical question of skill without assistance, mechanical or otherwise, that will be administered by Gaiam by email (in accordance with Sections 206(1)(a)-(d) of the Canadian federal gaming laws prohibiting games of pure chance).
5. PRIZES. Subject to the terms and conditions of these Official Rules, six (6) Prizes (one each week during the Entry Period) will be awarded in this Giveaway. Each Prize includes and is limited to a Gaiam.com gift coupon in the amount of $50, which may be used only on Gaiam.com, plus free shipping of one order. Free shipping discount applies to one (1) order. Valid in the contiguous United States on standard delivery options only. Oversize shipping charges still apply. Does not apply to previous orders, gift certificates, Go Zero® contributions, subscriptions and selected products. Winners will receive instructions on how to get and apply their free shipping discount to their order. The approximate retail value of each Monthly Prize is $65, and the combined approximate retail value of all Prizes is $390. Gift coupons are subject to terms and conditions of the applicable gift coupon, as set forth on the gift coupon or on Gaiam.com. Limit: one (1) prize per person or email address. Prizes must be accepted as awarded, and prizes are awarded "AS IS" with no warranty, representation, or guarantee, express or implied, made by Gaiam or for which Gaiam shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of any prize is permitted by a winner, however, Gaiam.com reserves the right to substitute prizes at its sole discretion. Each winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize receipt and use, including, without limitation, all federal, state and local taxes on the prize.
2. TIMING. The Giveaway begins at 12 midnight Mountain Standard Time ("MST") on April 22, 2011 and ends at 11:59 p.m. MST on June 3, 2011 (the "Entry Period").
3. HOW TO ENTER. There are two (2) ways to enter the Giveaway:
* To enter online: Click on the designated link in the "My Gaiam Challenge" email you received or log on to life.gaiam.com (the "Gaiam Life Website") during the Entry Period, click on the Share My Pledge link displayed on ads appearing throughout the site, and follow the on-screen instructions to enter the Giveaway and/or become a new subscriber to the Gaiam Life email newsletter and/or Gaiam.com emails.
* To enter by mail: Mail an index card or postcard with your name, age, mailing address, and email address to My Gaiam Challenge, PO Box 3095, Boulder, CO 80307-3095.
For all entries Limit: one (1) entry per email address, regardless of method of entry. All entries must be received by Gaiam during the Entry Period, and none will be acknowledged or returned. Multiple entries received from any email address after the first entry received from that email address will be void. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized holder of the email account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. The "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 responsible for assigning email addresses for the domain associated with the submitted email address. Entries generated by script, macro or other automated means are void. All information collected in connection with this Giveaway ("Information") will be used (i) to administer the Giveaway, (ii) in connection with marketing offers from Gaiam, and (iii) otherwise in accordance with the Gaiam privacy policy, available at life.gaiam.com. By participating in the Giveaway, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Gaiam (including, without limitation, decisions regarding eligibility of entries, the selection of winners, and the awarding of prizes), which are final and binding in all respects. All entrants and entries are subject to verification by Gaiam.
4. WINNER SELECTION; NOTIFICATION. One (1) potential winner will be selected by random drawing from among all eligible entries received by Gaiam each week during the Entry Period, for a total of six weeks. On or about each Friday during the entry period, one (1) potential weekly winner will be selected from all eligible entries received during the previous week. Entrants must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by letter (by postal or overnight delivery) or email. Except where prohibited by law, a potential winner will be required to execute and return to Gaiam an Affidavit of Eligibility and Release (an "Affidavit/Release") in order to claim her/his prize. The Affidavit/Release must be returned to Gaiam by the date and/or time indicated. A Canadian resident who is deemed a tentative prize winner must correctly answer a mathematical question of skill without assistance, mechanical or otherwise, that will be administered by Gaiam by email (in accordance with Sections 206(1)(a)-(d) of the Canadian federal gaming laws prohibiting games of pure chance).
5. PRIZES. Subject to the terms and conditions of these Official Rules, six (6) Prizes (one each week during the Entry Period) will be awarded in this Giveaway. Each Prize includes and is limited to a Gaiam.com gift coupon in the amount of $50, which may be used only on Gaiam.com, plus free shipping of one order. Free shipping discount applies to one (1) order. Valid in the contiguous United States on standard delivery options only. Oversize shipping charges still apply. Does not apply to previous orders, gift certificates, Go Zero® contributions, subscriptions and selected products. Winners will receive instructions on how to get and apply their free shipping discount to their order. The approximate retail value of each Monthly Prize is $65, and the combined approximate retail value of all Prizes is $390. Gift coupons are subject to terms and conditions of the applicable gift coupon, as set forth on the gift coupon or on Gaiam.com. Limit: one (1) prize per person or email address. Prizes must be accepted as awarded, and prizes are awarded "AS IS" with no warranty, representation, or guarantee, express or implied, made by Gaiam or for which Gaiam shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of any prize is permitted by a winner, however, Gaiam.com reserves the right to substitute prizes at its sole discretion. Each winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize receipt and use, including, without limitation, all federal, state and local taxes on the prize.
For every pledge received between April 22, 2011, and June 3, 2011, Gaiam will donate $1.00 to The Conservation Fund® via the Go Zero campaign, up to a total donation of $1,000.
6. PUBLICITY. Except where prohibited by law, participation in the Giveaway constitutes each winner's consent to Gaiam's use of such winner's name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration or consent.
7. GENERAL CONDITIONS. Gaiam reserves the right, at its sole discretion, to terminate, modify or suspend the Giveaway if, in Gaiam's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Giveaway, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Gaiam's reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway. In such event, Gaiam reserves the right at its sole discretion to award the prizes as described above from among eligible, non-suspect entries received up to the time of suspected impairment. Gaiam reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Giveaway is a violation of criminal and civil laws, and, should such an attempt be made, Gaiam reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Gaiam's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. RELEASE. By entering, each entrant forever and irrevocably releases, and will indemnify and hold harmless Gaiam, its parents, subsidiaries and affiliates, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in the Giveaway and/or entrant's award, receipt or use of any prize awarded in the Giveaway.
9. LIMITATIONS OF LIABILITY. Gaiam is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online system, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Giveaway; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Giveaway or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway, or from viewing, playing or downloading any material from any of Gaiam's websites, regardless of whether the material was prepared by Gaiam or a third party, and regardless of whether the material is connected to any of Gaiam's websites by a hypertext link.
10. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the City and County of Denver, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Gaiam in connection with the Giveaway shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
11. OFFICIAL RULES. These Official Rules are available at the Giveaway section of the Gaiam Life Website, or by sending a self-addressed, postage-stamped envelope to "My Gaiam Challenge - Rules Request," PO Box 3095, Boulder, CO 80307-3095.
12. WINNERS' LIST. To request a list of winners, send a self-addressed, postage-stamped envelope to "My Gaiam Challenge - Winner List Request," PO Box 3095, Boulder, CO 80307-3095. Requests must be received by July 1, 2011.
13. SPONSOR. The sponsor of the Giveaway is Gaiam, Inc., and the address at which Gaiam may be contacted is Gaiam, Inc., PO Box 3095, Boulder, CO 80307-3095.
6. PUBLICITY. Except where prohibited by law, participation in the Giveaway constitutes each winner's consent to Gaiam's use of such winner's name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration or consent.
7. GENERAL CONDITIONS. Gaiam reserves the right, at its sole discretion, to terminate, modify or suspend the Giveaway if, in Gaiam's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Giveaway, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Gaiam's reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway. In such event, Gaiam reserves the right at its sole discretion to award the prizes as described above from among eligible, non-suspect entries received up to the time of suspected impairment. Gaiam reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Giveaway is a violation of criminal and civil laws, and, should such an attempt be made, Gaiam reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Gaiam's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. RELEASE. By entering, each entrant forever and irrevocably releases, and will indemnify and hold harmless Gaiam, its parents, subsidiaries and affiliates, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in the Giveaway and/or entrant's award, receipt or use of any prize awarded in the Giveaway.
9. LIMITATIONS OF LIABILITY. Gaiam is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online system, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Giveaway; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Giveaway or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway, or from viewing, playing or downloading any material from any of Gaiam's websites, regardless of whether the material was prepared by Gaiam or a third party, and regardless of whether the material is connected to any of Gaiam's websites by a hypertext link.
10. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the City and County of Denver, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Gaiam in connection with the Giveaway shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
11. OFFICIAL RULES. These Official Rules are available at the Giveaway section of the Gaiam Life Website, or by sending a self-addressed, postage-stamped envelope to "My Gaiam Challenge - Rules Request," PO Box 3095, Boulder, CO 80307-3095.
12. WINNERS' LIST. To request a list of winners, send a self-addressed, postage-stamped envelope to "My Gaiam Challenge - Winner List Request," PO Box 3095, Boulder, CO 80307-3095. Requests must be received by July 1, 2011.
13. SPONSOR. The sponsor of the Giveaway is Gaiam, Inc., and the address at which Gaiam may be contacted is Gaiam, Inc., PO Box 3095, Boulder, CO 80307-3095.
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