Yankee Candle Promotion: Congratulations Class of 2015 Personalized Candle Sweepstakes
June 19, 2015 at 12:00:01 a.m.
1. NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
2. Eligibility: Participation in the Congratulations Class of 2015 Personalized Candle Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and District of Columbia, who are at least eighteen (18) years of age at the time of entry. 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 or individuals residing in their same household (whether related or not), are not eligible to enter. The Sweepstakes is void where prohibited by law and is subject to all applicable federal, state and local laws and regulations.
3. Promotion Period: The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time ("ET") on June 19, 2015 and ends at 11:59:59 p.m. ET on June 26, 2015 ("Promotion Period").
4. How to Enter: To enter the Sweepstakes during the Promotion Period, you must navigate to the Sponsor’s website (http://learning-scenter.yankeecandle.com/congratulations-class-of-2015) (the “Sponsor’s Website”), and enter your name, email address, and entrant’s favorite graduation photograph (such photograph, the “Photo”) (each a “Sweepstakes Entry”). This link may be available on some of Sponsor’s social media websites. You may enter a maximum of one (1) time in the Promotion Period. All entries must be received by no later than 11:59:59 p.m. ET on June 26, 2015 to be included in the drawing. Sponsor's computer will be the official time clock for the Sweepstakes. A potential entrant must be the primary owner of a valid email account. If an entrant uses the Sponsor’s Website or any social media outlet 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.
5. Representation and Warranty: By submitting an entry, you represent and warrant that the entry complies with all the requirements of these Official Rules.
6. Random Drawings: Potential winners will be selected by Sponsor in a random drawing held on June 27, 2015 after the expiration of Promotion Period. Limit one prize per person/household. Odds of winning depend on the number of entries received.
7. Notification: Sponsor will notify the potential winners by 11:59:59 p.m. ET on June 29, 2015 via an email to each potential winner’s email address 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. 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 by the same adjudication method from the remaining entries.
8. Prizes & Approximate Retail Value ("ARV"): Grand Prize: Fifty (50) Grand Prize Winners will one (1) Personalized Large Two-Wick Tumbler (ARV $33.00 each) containing the entrant’s Photograph. Total Approximate Retail Value of all prizes: $1,650.00.
9. 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. By entering, you acknowledge that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any of Sponsor’s social media websites upon which Sponsor provides a link to the Sponsor’s Website. Sponsor and its agencies are not responsible for lost, late, damaged, delayed, incomplete, illegible, mutilated or misdirected entries, entries not received by the entry deadline, or for electronic, network or computer failures or malfunctions, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in this Sweepstakes, or other hardware, software or technical errors of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any material in connection with the Sweepstakes. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or insufficient space in user's e-mail account to receive e-mail. If fraud, misconduct or technical failures destroy the integrity of the Sweepstakes or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Sweepstakes, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes according to the procedures set forth above from among the eligible entries received up to the time of the impairment. In the event a dispute arises regarding specific individual entitled to receive prize, entry will be deemed made by the authorized e-mail account holder. Authorized e-mail account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any damage made to the Website will also be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. Any use of robotic, automatic, programmed or the like methods of participation will void all entries by such methods. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail or any other method shall not be deemed proof of receipt of that communication by Sponsor. Sponsor reserves the right in its sole discretion to prohibit the participation of an individual if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules or if any of the following is suspected, believed or observed in the Sponsor’s sole judgment: fraud or tampering, compromising the entry process or the operation of the Sweepstakes or is acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by an individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to takes steps to stop such activity and seek damages from any such individual to the fullest extent of the law, including, without limitation, attorneys’ fees. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. No substitution, cash redemption or transfer of prize by winner permitted. Non-compliance with this requirement, or if prize/prize notification is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited and will be awarded to an alternate winner. All questions, comments, or complaints regarding this promotion should be directed to Sponsor and not to any social media website outlet upon which Sponsor provides the link to the Sponsor’s Website. All taxes are the responsibility of the winners. A copy of the Official Rules is located at: www.learning-scenter.com.
10. Release and Limitation of Liability: Entrants, by participating in this Sweepstakes, hereby agree to waive, release, and hold harmless the Sponsor, any social media website outlet upon which Sponsor provides the link to the Sponsor’s Website, and their respective parents, subsidiaries, affiliates, distributors, licensors, licensees, advertising and promotion agencies and each of their respective officers, directors, employees, representatives and agents (each a “Released Party”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to (a) any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death, and /or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of any end good obtained with the prizes or their participation in this Sweepstakes; (b) any prize-related activity; (c) unauthorized human intervention in the Sweepstakes; (d) technical errors related to computers, servers, providers, or telephone, or network lines; (e) printing errors; (f) lost, late, postage-due, misdirected, or undeliverable mail; or (g) errors in the administration of the Sweepstakes or the processing of entries. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees or other costs associated with such action. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages, provided that such limitation shall not apply in jurisdictions where prohibited by rules, regulation or ordinance.
12. Disputes: By entering the Sweepstakes, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim any punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with the law of the Commonwealth of Massachusetts. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
13. Sponsor: The Yankee Candle Company, Inc., 16 Yankee Candle Way, South Deerfield, MA, 01373.
14. Winner's List: This list will be available after July 1, 2015 by navigating to the bottom of the Official Rules located at www.learning-scenter.com.