November 10, 2017 at 12:00:01 a.m. E.S.T.
1. NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID IN QUEBEC, AND WHERE PROHIBITED BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES. ALL PHOTOS SUBMITTED MAY APPEAR ON SPONSOR’S WEBSITE, SPONSOR’S INSTAGRAM PAGE, OR IN ANY OTHER MEDIUM FOR ANY PURPOSE WITHOUT NOTICE, APPROVAL OR ADDITIONAL COMPENSATION IN SPONSOR’S SOLE DISCRETION.
2. Promotion Period: The Sweepstakes begins on November 10, 2017 at 12:00:01 AM Eastern Time (“ET”) and ends on November 19, 2017 at 11:59:59 PM ET (the "Sweepstakes Period"). The Website (defined below) clock is the official timekeeper for this Sweepstakes.
3. Eligibility: The Yankee Candle Holiday Sweepstakes (the "Sweepstakes") is open only to legal residents of the 50 United States, District of Columbia, Canada (excluding Quebec), Villages Deerfield and Williamsburg who are 18 years of age or older (or 19 and older fore residents of AL or NE) at the time of entry, and who at the time of entry and through the completion of the Sweepstakes (a) have internet access, (b) have an email address (which must remain the same throughout the Sweepstakes. No purchase necessary to enter the Sweepstakes. Employees, officers and directors of The Yankee Candle Company, Inc. ("Sponsor"), and its parent, subsidiaries and affiliated companies, advertising, promotion or production agencies, and their immediate family members (defined as parents, spouses, children and siblings, whether biological, adoptive, step or in-law) or individuals residing in their same household (whether related or not), are not eligible to enter. Void in Quebec, and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. How to Enter: During the Promotion Period, to enter the Sweepstakes, visit the Sponsor’s website www.yankeecandle.com/holidayphotosweeps (the “Sponsor’s Website”), find and complete the entry form by providing your full name, city, state/province, date of birth and email address (each a “Sweepstakes Entry”). Upon submitting the entry form, upload your favorite Holiday photograph (photograph must by in either a JPEG or PNG format and no larger than 4 MB in size) (“Photo”). Upon completing the entry form, and uploading your Photo (collectively, the “Entry”), and agreeing to the Official Rules, click “Submit” to receive one (1) entry into the Sweepstakes. Limit one (1) Entry per person/email address during the entire Sweepstakes Period. All Entries must be received by 11:59:59 PM ET on November 19, 2017 to be eligible. A potential entrant must be the primary owner of a valid email account. If an entrant uses the Sponsor’s Website via a wireless mobile device, standard data rates may apply for each access to the Sponsor’s Website on such device. Other charges may also be applied by entrant’s wireless carrier. Participation by wireless mobile device is not a condition of entry. Proof of submission of the Entry will not be considered proof of receipt. The Yankee Candle Company, their parent, affiliated or subsidiary companies, nor any of their advertising/promotion agencies, nor any of their respective officers, directors, employees, agents, representatives or assigned (collectively “Released Parties”) are liable for any disputes between participants and/or Entrant related to the submission.
5. Photo Entry Requirements: Entrants agree to and understand that Photo entries will be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not photo entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Photo entries.
1. Each Photo entry must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Photo entry and each Photo entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Photo entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Photo entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Sweepstakes Entities and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party's preexisting work does not qualify as entrant's original creation.
2. By uploading the Photo entry the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo entry and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Photo entry through any media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Sweepstakes. In addition, entrant warrants that any so called "moral rights" in the Photo Entry have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Photo entry or other submitted materials, whether entrant has been awarded a prize about any such Photo Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Sweepstakes Entities, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant's heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Photo entry and any portion thereof, or the likeness of any natural person therein.
3. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo entries.
6. Photo Entry Content Restrictions: Photo entries must not contain material that:
1. Contains or depicts someone smoking or intoxicated;
2. Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
3. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
5. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
6. References persons or organizations without their written permission;
7. Disparages any persons or organizations;
8. Includes threats to any person, place, business, or group;
9. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Failure of any Photo entry to comply with the above "Photo Entry Requirements" and "Photo Entry Content Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Photo entries shall become the exclusive property of Sponsor and will not be returned. Photo entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
7. Representation and Warranty: By submitting an entry, you represent and warrant that the entry complies with all the requirements of these Official Rules. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
8. Random Drawings: On or about November 19, 2017, one (1) Grand Prize, fifty (50) First Prize and five hundred ten (510) Second Prize Winners will be selected via a random drawing from among all eligible Entries received during the Sweepstakes Period, to be conducted by Administrator. Limit one prize per person/household. Odds of winning depend on the number of eligible Entries received during the entire Sweepstakes Period.
9. Winner Notification: The potential Winners will be contacted via email or telephone used in such potential winner’s Sweepstakes Entry (the “Notification”). The Notification will request that each potential winner send a direct “reply” to the Notification to the email address used by Sponsor in the Notification providing the potential winner’s: Full Name, Physical Mailing Address, and Telephone Number so that they may be awarded their prize listed below (subject to verification of eligibility and compliance with the terms of these rules.) Sponsor's decisions as to the administration and operation of the Sweepstakes are final and binding in all matters related to the Sweepstakes. Each potential prize winner shall have one week from the date they are notified by Sponsor to respond to Sponsor and supply the required information. If any potential winner does not provide the information in the manner and substance required by the Notification, or if the email address provided by any potential winner if not valid, the Sponsor may select an alternate potential winner in his/her place at random from the remaining entries. THE POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
10. Verification of Potential Winner: In order to be confirmed as a Winner, and without limitation of any other terms herein, each potential Winner may be required to provide satisfactory proof, as determined by Sponsor in its sole discretion, that such potential Winner is an eligible Entrant, including but not limited to providing a copy of the potential winner’s government-issued identification and/or additional information required by Sponsor in order to verify eligibility and compliance with these Official Rules. If a resident of Canada, the potential winner must also correctly answer a time-based mathematical skill-testing question without assistance of any kind prior to and as a condition of being declared a winner. Winner may be required to sign and return to Administrator, within five (5) days of the date notice is sent, an affidavit of eligibility, and a liability/publicity release (except where prohibited) or declaration of eligibility (if a Canadian resident) to claim his/her prize. If any potential Winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, potential Winner will forfeit the prize.
11. Prizes and Approximate Retail Value ("ARV"): A trip to Yankee Candle Village in South Deerfield, MA to visit with Santa and a $1,000 Shopping Spree. Trip includes round-trip coach airfare for up to four (4) people from Sponsor-approved major airport nearest winner’s residence to Massachusetts, 2 nights/3 days including lodging at a Sponsor-specified hotel (one standard room, quad occupancy), and $500 food voucher. ARV: $6,000.00 USD. All elements of the Grand Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Unless child of winner, each travel companion must be the age of majority in their state/province of residence as of the date of departure and must travel on same itinerary and at the same time as the Grand Prize winner. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Specific travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Trip must be completed within twelve (12) months of the end date of the Sweepstakes or Grand Prize will be forfeited. Reservations are subject to availability and blackout dates may apply. Trip must be booked at least sixty (60) days prior to intended departure date. Travel dates are subject to Sponsor approval. ARV of Grand Prize may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between stated ARV and final ARV of Grand Prize will not be awarded. Grand Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, excursions, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of Grand Prize winner. Grand Prize winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Sponsor. All Grand Prize elements must be redeemed at the same time. Sponsor will not replace any lost, mutilated, or stolen tickets. Grand Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. If Grand Prize winner resides within 150 miles of South Deerfield, MA, air transportation may be substituted with another method of transportation by Sponsor, in its sole discretion, and Sponsor will not be responsible to pay the Grand Prize winner the difference in actual value of the prize due to such substitution. Fifty (50) First Prizes: One (1) Sponsor-specified Digital Camera and any one (1) large classic of tumbler Yankee Candle with their personalized label each month for one year (for a total of 12 large classic tumbler Yankee Candles). ARV: $493.75 USD each. Five hundred ten (510) Second Prizes – One (1) FREE large classic tumbler Yankee Candle with their personalized label ARV: $33.00 USD each. Total ARV of all prizes is $47,517.50 USD. Prizes cannot be transferred, assigned, substituted, or redeemed for cash, but Sponsor reserves the right to substitute a prize of equal or greater value if for any reason an advertised prize cannot be awarded as intended in these rules; and potential winners agree to such substitution as a condition of entry in this Sweepstakes. If a prize is returned as undeliverable, or if Sponsor determines that a potential prize winner is ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate potential winner may be selected from remaining eligible Entries received, and the same winner determination, notification and verification process will be followed. Taxes on the prizes are solely the winner’s responsibility.
12. Entry Conditions and Release: By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or Photo of an entry, participation in the Sweepstakes, the Photo, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry or the Photo; and (c) indemnify, defend and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant's participation in the Sweepstakes and/or entrant's acceptance, use or misuse of prize or any portion thereof.
13. General Conditions: By participating, entrants fully and unconditionally agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. By entering, you acknowledge that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, any SM Provider (as defined herein), however any SM Provider’s respective terms and conditions applicable to online sweepstakes apply to the Sweepstakes if in any way the Sweepstakes is deemed to require application of such terms and conditions. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner using the Judging Criteria above from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such judging shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person fully permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these rules 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All questions, comments, or complaints regarding this promotion should be directed to Sponsor and not to any social media provider, such as Facebook and Twitter, on which the entrant views or learns of any information regarding the Sweepstakes (the “SM Provider”). All taxes are the responsibility of the winners. A copy of the Official Rules is located at www.yankeecandle.com/holidayphotosweeps.
14. Release and Limitation of Liability: The Sweepstakes Entities as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, if if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all the Prizes offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion.
15. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of winner or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Massachusetts, under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Massachusetts state or federal court judge with experience in entertainment matters who shall Massachusetts law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Massachusetts, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sweepstakes Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Massachusetts. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Massachusetts; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) 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 LIMITATIONS 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.
16. Official Rules or Winners List: For a copy of these Official Rules, visit the website at http://www.yankeecandle.com/rules/holidayphotosweeps during the Sweepstakes Period.
17. Sponsor: The Yankee Candle Company, Inc., 16 Yankee Candle Way, South Deerfield, MA 01373.
18. Administrator: Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE 8th St, Grand Rapids, MN 55744.
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