OFFICIAL RULES FOR WOODWICK®
PRODUCT REVIEW SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER, PARTICIPATE, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCE OF WINNING. OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA) WHO HAVE REACHED THE LEGAL AGE OF MAJORITY IN THE STATE IN WHICH THEY RESIDE AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
1. SWEEPSTAKES & SPONSOR:
The Woodwick® Product Review Sweepstakes (“Sweepstakes”) is sponsored by The Yankee Candle Company, Inc., 16 Yankee Candle Way, South Deerfield, MA 01373 (“Sponsor”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, LLC (“Instagram”) or Facebook, LLC (“Facebook”) (collectively, the “Social Media Platforms”). The Social Media Platforms are not involved in any way, other than as one of the platforms through which this Sweepstakes may be conducted. Any questions, comments or complaints about this Sweepstakes should be directed to Sponsor and not the Social Media Platforms.
2. AGREEMENT TO OFFICIAL RULES:
By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize Package (as defined below) is contingent upon fulfilling all requirements set forth herein.
3. SWEEPSTAKES PERIOD:
The Sweepstakes begins at 12:00 am Eastern Standard Time (“EST”) on September 13, 2019, and ends at 11:59 pm EST on October 25, 2019 (“Sweepstakes Period”).
The Sweepstakes and eligibility is subject to all federal, state, and local laws and regulations and is void where prohibited.
(a) Entrant. The Sweepstakes is only open to legal residents of the fifty (50) United States (including the District of Columbia), who have reached the legal age of majority in the state in which they reside (unless prohibited by applicable law) and are physically located within the fifty (50) United States (including the District of Columbia) at the time of Entry (as defined below) and are otherwise eligible under these Official Rules (“Entrant”).
(b) Ineligible Entrant. Employees, officers, directors, representatives or agents of: (a) Sponsor and Sponsor’s parent, subsidiary or affiliate companies (collectively, the “Sponsor Entities”); (b) Sponsor Entities’ advertising/promotion agencies and their parent, subsidiary or affiliate companies, including but not limited to, Bazaarvoice, and including Newell Brands Inc. and its affiliate companies (collectively, the “Promotion Entities”); or (d) the immediate family (as defined by the IRS) and household members (persons living in the same household at least 3 months a year, whether or not related) of any such employees, officer, directors, representative or agents of Sponsor Entities or Promotion Entities are not eligible to enter or participate in the Sweepstakes.
(c) Access Requirements & Related Charges. Internet access and a valid email address is required in order to participate in the Sweepstakes. An Entrant is not permitted to share the same email address as any other Entrant; therefore, each Entrant must have his/her own unique email address. In the case of a dispute over the identity of an Entrant, the authorized account holder of the email account used to enter will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entrant is responsible for all costs associated with participating in the Sweepstakes, including but not limited to, normal phone/data/usage/subscription access charges imposed by Entrant’s phone/mobile service provider. Entrant must check with their wireless/online service provider for details or any applicable charges.
5. HOW TO ENTER:
No purchase is necessary to enter or participate in the Sweepstakes. An Entrant may enter the Sweepstakes in accordance with the requirements and one (1) of the entry methods described below (“Entry”).
(b) Alternate Electronic Mail (“Email”) Entry Method. Entrant must submit an entry form pursuant to the instructions and requirements stated below. Entrant must submit an Email in English, which includes the following information: Entrant’s first and last name, age, complete address (no PO Boxes and including ZIP Code), telephone number and email address. The Email must be sent to: Woodwicksweepstakes@newellco.com, and must be sent on or after Friday, September 13, 2019, and must be received by Sponsor by the entry deadlines outlined in Section 7. Upon Sponsor’s receipt of the entry form, Entrant will receive one (1) Entry into the Sweepstakes.
Any attempted form of Entry, other than the entry methods described herein, or Entries made on another’s behalf by any other individuals or any other entity, including but not limited to: (i) Entries made by a commercial contest/sweepstakes subscription notification and/or entering service; (ii) Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method; (iii) Duplicate and/or substantially similar Entries, as determined by Sponsor in its sole discretion; (iv) and/or incomplete Entries, are ineligible will be declared invalid and disqualified from this Sweepstakes.
6. ADDITIONAL ENTRY REQUIREMENTS/RESTRICTIONS:
(a) Limits. An Entrant may submit five (5) Entries and may only be eligible to win one (1) time during the Sweepstakes Period. Once an Entry is submitted, it cannot be deleted, cancelled or modified. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. The Potential Winner(s) (as defined below) may be required to show proof of being an authorized account holder. All Entries become the property of Sponsor and will not be acknowledge or returned.
(b) Valid Entries. Sponsor will determine in its sole discretion what constitutes a valid Entry, and Sponsor reserves the right to reject or disqualify any Entry which Sponsor determines to be inconsistent with the letter or spirit of these Official Rules, or potentially damaging to its, the Sweepstake’s, or another’s image or reputation. Entries, and all contemplated uses thereof, may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, any affiliated entity or any other person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; and (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and (xi) shall not violate any applicable federal, state or local laws or ordinances.
(c) Representations & Warranties. By submitting an Entry, Entrant represents and warrants that Entrant is the creator and sole copyright owner of the Entry, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and was created in a legal and safe manner. If the Entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, Entrant represents and warrants that Entrant has obtained, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Entry.
7. DRAWING(S) & SELECTION OF WINNER(S):
Sponsor will conduct three (3) random drawings consisting of one (1) 3rd Prize Drawing, one (1) 2nd Prize Drawing and one (1) 1st Prize Drawing on the drawing date specified below (each a “Drawing”), in which one (1) Entrant will be selected from amongst all valid Entries received by the Drawing(s) entry deadline specified below as the potential winner of that respective Drawing (“Potential Winner”). Subject to verification and compliance with these Official Rules, the Potential Winner will be deemed a winner (“Winner”) and will receive one (1) of the respective Drawing(s) Prize Package (as defined below). Each Drawing will be conducted in South Deerfield, MA. To be eligible to be selected as a Potential Winner in the Drawing, Entrant must submit and Sponsor must receive a valid Entry by the Drawing(s) entry deadline specified below:
Drawing Date: November 10, 2019
Entry Deadline: 11:59 PM EST, Fri., October 25, 2019
8. ODDS OF WINNING:
Odds of winning depend on the number of valid Entries received by such Drawing Dates’ respective Entry Deadline during the Sweepstakes Period.
9. WINNER VERIFICATION:
Upon Sponsor’s receipt and verification of the Prize Claim Documents (as defined below) and after Sponsor has verified Potential Winner’s full compliance with these Official Rules, the Potential Winner will be deemed a Winner, and will be notified as described below. If a notice is returned as undeliverable, if a Potential Winner fails to respond or execute and return any required documentation as directed, or if a Potential Winner is determined to be ineligible or disqualified for any reason, his/her Prize Package will be forfeited, and Sponsor reserves the right in its sole discretion to select an alternate Potential Winner from remaining eligible Entries following the same verification process.
(a) Notification. Sponsor will notify each Potential Winner by sending a written notification by email to the address provided on the Potential Winner’s Entry within five (5) days of the Drawing Date (“Winner Notification”). Sponsor is not obligated to attempt to notify or provide notification to a Potential Winner by any other method or means of communication.
(b) Prize Claim Documents. The Potential Winner must respond by email within fifteen (15) days (or other timeframe designated by Sponsor) of issuance of a Winner Notification and provide the requested verification information (“Prize Claim Documents”). Prize Claim Documents may include, but are not limited to: (i) an executed Affidavit of Eligibility, Liability Release, and (where applicable) a Publicity Release form; and (ii) tax forms (including I.R.S. Form W-9).
10. PRIZE PACKAGE(S):
Each Prize Package does not include any taxes, surcharges, or other expenses not expressly listed herein and shall be the sole responsibility of Winner. Each Prize Package cannot be used in conjunction with any other promotion or offer. All details and other restrictions of any Prize Package not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each Prize Package is non-assignable and non-transferable. Other than as expressly permitted by these Official Rules, no cash alternative or prize substitution will be allowed, except that Sponsor reserves the right in its sole discretion to substitute any item contained in a Prize Package with an item of comparable value, if any item listed in the Prize Package is unavailable, in whole or in part, for any reason. The approximate retail value (“ARV”) of each Prize Package may vary and may change subject to current market conditions at the time of the Prize Package award.
(a) 3rd Prize Package. The Winner of the 3rd Prize Drawing will receive the below prize package (“3rd Prize Package”). The 3rd Prize Package has a total ARV of $50.00 and will consist of the following: • One (1) $50.00 The Yankee Candle Company, Inc. Gift Card
(b) 2nd Prize Package. The Winner of the 2nd Prize Drawing will receive the below prize package (“2nd Prize Package”). The 2nd Prize Package has a total ARV of $100.00 and will consist of the following: • One (1) $100.00 The Yankee Candle Company, Inc. Gift Card
(c) 1st Prize Package. The Winner of the 1st Prize Drawing will receive the below prize package (“1st Prize Package”). The 1st Prize Package has a total ARV of $200.00 and will consist of the following: • One (1) $200.00 The Yankee Candle Company, Inc. Gift Card
Except where legally prohibited, participation in the Sweepstakes and acceptance of the Prize Package constitutes Entrant’s agreement and consent to grant Sponsor Entities and Promotion Entities a royalty-free, irrevocable, perpetual, worldwide non-exclusive license to use, distribute, copy, reproduce, modify, publish, create derivative works from, and display in any form, social media platform, media or technology now known or later developed: (a) any information provided or submitted during Entrant’s participation in the Sweepstakes; including but not limited to Entry and Prize Claim Documents and (b) a publicity release to use Entrant’s, and any other persons’ who appear in or is identifiable in the Entry, name, photograph, likeness, voice, biographical information, or statements for promotional or marketing purposes, without additional compensation, notice, review or approval. Upon request, Entrant agrees to sign documentation evidencing the rights, licenses and releases described and granted by Entrant in these Official Rules.
By participating in the Sweepstakes, each Entrant agrees to forever and irrevocably release and hold harmless the Sponsor Entities, Promotion Entities and Social Media Platforms, and all of their respective successors and assigns (collectively, the "Released Parties"), from any and all liability for any loss, harm, damage, injury, cost or expense of any nature whatsoever (including attorneys' fees) which may occur in connection with the Sweepstakes or any element or participation therein, including Entry or delivery, possession, acceptance and/or use or misuse of any Prize Package or component thereof. In addition, by participating in this Sweepstakes, each Entrant agrees to indemnify and hold harmless the Released Parties from and against any and all damages, losses, amounts paid in settlement, costs and expenses (including reasonable attorneys' fees) incurred by any of the Released Parties in connection with any third-party claim, demand, liability, suit, proceeding or action arising out of or resulting from (i) breach or alleged breach of any representations, warranties or agreements of Entrant hereunder, or (ii) Entrant's possession, use or misuse of any Prize Package or component thereof. Each Entrant hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize Package (or any components thereof). Without limiting the generality of the foregoing, the Prize Package is provided "as is" without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
13. LIMITATIONS OF LIABILITY:
The Released Parties are not responsible or liable in any part of the administration of the Sweepstakes or Entry process or the Sweepstakes for: (a) 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; (b) technical failures or human error of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention; (d) Entries, Prize Claim Documents or Winner Notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts, technical difficulties associated therewith or an Entrant's failure to adequately monitor his/her email or telephone messages; or (e) 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 Package. No more than the stated number of Prize Packages will be awarded.
14. GENERAL CONDITIONS:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, 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 and in the event of cancellation, suspension, and/or modification of the Sweepstakes, to award the Prize Package in a random drawing from all eligible Entries received as of the date of such cancellation, suspension or modification. 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 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 PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor's failure to enforce any term or provision of these Official Rules shall not constitute a waiver of that term or provision. The invalidity or unenforceability of any provision of these 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
16. CONSTRUCTION, CONTROLLING LAW & DISPUTE RESOLUTION:
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE RELEASED PARTIES IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. By participating in this Sweepstakes, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against the Released Parties, relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any Prize Package, and/or (iii) the determination of the scope or applicability of the Official Rules, will be resolved individually and exclusively in the state or federal courts of the State of Delaware.
17. WINNERS LIST/OFFICIAL RULES:
The Winners’ names and Official Rules shall be posted on Sponsor’s website at: https://woodwick.yankeecandle.com/woodwick-sweeps. To obtain a copy of these Official Rules, print this page. To obtain a copy of any legally-required Winners’ list, send a self-addressed, stamped envelope to be received by October 25, 2019, to: Social Media Marketing, Attn: WoodWick® Brand, 16 Yankee Candle Way, South Deerfield, MA 01373.