Shane Co. – CREATE YOUR OWN #HOLIDAYHINT Giveaway
No purchase or payment of any kind necessary to enter or win. A purchase will not increase your chances of winning. This Giveaway is intended for play in the United States and will be governed by Colorado law. Do not enter if you are not eligible or located outside of the United States at the time of entry.
- Requirement. The Shane Co. – Create Your Own #HolidayHint Giveaway (the “Giveaway”) is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry.
- Exclusion. Employees, contractors, directors, and officers of Shane Co. (the “Sponsor”) and their respective parents, subsidiaries, and affiliated companies and distributors, and the advertising, fulfillment, judging, and promotion agencies involved in the development and administration of the Giveaway (collectively the “Promotional Parties”), and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate. This Giveaway is void outside the United States, where prohibited by law, and in New York, Rhode Island, and Florida. Subject to all applicable federal, state, and local laws and regulations.
- Agreement with Official Rules. Participation in this Giveaway constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and any judges’ decisions, which are final and binding on all matters related to the Giveaway.
- Promotion Period. The Giveaway begins on November 18, 2015 at 9 a.m. mountain time and ends on December 24, 2015, at 11:59 p.m. mountain time (the “Promotional Period”). The Sponsor’s clock is the official clock for this Giveaway.
- How to Enter. To enter the Giveaway, complete one of the following two methods of entry. Any form of entry other than described herein is void. Limit one entry per person and per valid email address, regardless of the manner of entry. Should multiple users of the same email account enter the Giveaway and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the entrant. “Authorized account holder” means the natural person who is assigned an email address by an internet service provider (“ISP”), online service provider, or other organization (e.g., a business, educational institution, etc.) which is responsible for assigning email addresses or the domain name associated with the submitted email address. No purchase is necessary to enter or win a prize. A purchase will not increase your chance of winning.
- Create Your Own #HolidayHint. To enter, visit ShaneCo.com/HolidayHint, create your own #HolidayHint by adding text to the image provided and submit the entry form during the Promotional Period to receive one entry to the Giveaway. Each entry must be filled out completely and accurately with first and last name, gender, and email address.
- Free Alternative Method of Entry. Send an email to Sponsor at [email protected], with the subject “Create Your Own #HolidayHint Giveaway” and include your first and last name, gender, date of birth, and email address. Email entries must be received by Sponsor by 11:59 p.m. mountain time on December 24, 2015.
- Prize Drawing. One potential winner will be selected in a random drawing of all eligible entries received on or about December 28, 2015.
- Prize Winner Notification and Requirements. The potential winner will be notified via email on or about December 28, 2015. The potential winner may be required to complete, sign, and return to Sponsor a W-9, an affidavit of eligibility, and a liability and publicity release within three days of the date of the attempted notification. The prize may be forfeited (a) if the potential winner cannot be contacted within three days; (b) if the potential winner fails to sign aW-9, an affidavit, and/or a release within three days of being contacted, if required; (c) if a potential winner is not in compliance with these Official Rules, or (d) if a prize or prize notification is returned as undeliverable. Sponsor is not responsible if entrant changes his or her email address. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right, but does not have the obligation, to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name was publically announced. All prize details are at Sponsor’s sole discretion.
- Prize. One prize winner will be awarded one prize. The total approximate retail value of the prize to be awarded in this Giveaway is $1,000. The Prize cannot be returned to Sponsor in any way. No cash alternative or substitution will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize for another article of comparable value if the prize listed is unavailable for any reason. The prize consists of one $1,000 Shane Co. Gift Card.
- Other Prize Terms. All taxes are the sole responsibility of the winner. Odds of winning a prize are one out of the total number of eligible entries received. Limit one prize per person or household. All prizes are provided with Sponsor’s free lifetime warranty as it pertains to the care and cleaning of the prizes (if applicable), as is set forth online here: http://www.shaneco.com/About/LifetimeGuarantee.htmx. Prizes and obligations pursuant to these Official Rules cannot be assigned. The winner and Sponsor shall arrange a time for the winner to pick up the prize.
- Entrant Generated Content. This Sweepstakes involves the entrant’s submission of text over a photograph supplied by Sponsor (the “Content”). Sponsor intends to use the Content in Sponsor’s advertising and for other lawful purposes.
Do not enter this Sweepstakes if you do NOT agree to Sponsor’s use of your CONTENT or if your CONTENT violates any intellectual property rights of a third party.
- Grant of License. Entrant hereby grants to Sponsor a perpetual, irrevocable, worldwide, non-exclusive, fully transferrable (with the right to sublicense), fully paid-up right and license (i) to reproduce, prepare derivative work, distribute, perform publically, and display publically the entrant’s Content for any lawful purpose and (ii) to all of entrant’s rights in the Content, including the right to sublicense the Content and to use the Content in any advertising or for other lawful purpose. Entrant understands that Sponsor or it designees or sublicensees may use the Content for advertising and other purposes and, upon such use, entrant is not entitled to any further compensation.
- Representations and Warranties. Entrant represents and warrants to Sponsor that (i) the entrant’s Content does not violate the rights of any third party, including any rights in copyright, trademark, patent, trade secret, publicity, or likeness, and (ii) the entrant’s Content does not disparage, denigrate, defame, libel, slander, or cast false lights on Sponsor or any third person.
- Indemnification. Entrant will defend, indemnify, and hold harmless Sponsor against any and all claims, liabilities, settlements, expenses, and related attorneys’ fees and costs incurred or suffered by Sponsor arising out of or resulting from (i) any claim of a third party arising from the infringement or violation of a third party’s rights in the entrant’s Content or (ii) any claim of a third party that the entrant’s Content is defamatory, libelous, slanderous, or cast a false light.
- General Conditions.
- Publicity Release. By accepting a prize, the winner grants Sponsor and its designees and sublicensees the right to use his/her name, biographical information, testimonial, photo and/or likeness, voice, and/or prize information or personal exposition (and/or any edited portion thereof) for advertising, publicity, promotional, and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification, or permission, except where prohibited by law.
- Force Majeure. Released Parties’ (defined below) failure to comply with these Official Rules dues to an act of God, natural disaster, war, terrorism, communications system or network error or failure, cyber-attack or hacking, actions of governmental control, or other events outside the control of the Released Parties shall not be considered a breach of these Official Rules.
- Disqualification. Persons who tamper with or abuse any aspect of the Giveaway or website, who are in violation of these Official Rules, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify, or terminate the Giveaway for any reason, including, but not limited to, should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, or proper play, or submission of entries. If so terminated, at the Sponsor’s discretion, Sponsor may randomly select the winners from among all eligible, non-suspect entries received prior to termination or as otherwise deemed fair and appropriate by Sponsor.
- Other Terms and Conditions. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Entrants may not register with multiple email addresses nor may entrants use any other device to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Each entrant agrees to receive commercial emails from Sponsor, which the entrant may opt-out of by following the instructions in the commercial emails.
- Limitation of Liability.
- Release. By entering the Giveaway, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (i) to release, defend, indemnify, and hold harmless the Promotional Entities and their respective officers, directors, employees, agents, affiliates, and parent corporations (collectively, “Released Parties”) from any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in party, directly or indirectly, to participation in the Giveaway or any Giveaway related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of a prize; (ii) that Released Parties have neither made nor are in any manner responsible or liable for any representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; (iii) to comply with all Promotion Entities’ policies, terms, and conditions relating to the use of Promotion Entities’ websites; and (iv) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Giveaway itself. Failure to comply with these conditions may result in disqualification from the Giveaway at Sponsor’s sole discretion. This release, defense, indemnification and hold harmless obligation shall survive any expiration or termination of the Giveaway.
- Limitation of Liability. SPONSOR’S LIABILITY ARISING IN CONNECTION WITH THIS GIVEAWAY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF (I) $5.00 WITH RESPECT TO NON-WINNERS; (II) $500.00 WITH RESPECT TO WINNERS AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ENTRANT IS NOT ENTITLED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.
- Adjudication of Claims.
Do not enter this Giveaway if you do not agree to have any claim or controversy finally decided in accordance with these Official Rules.
- Binding Arbitration.
- Arbitration Required. Any claim, dispute, or controversy arising under or related to this Giveaway shall be resolved first by means of direct discussions with Sponsor. If not resolved pursuant to such discussions, claim, dispute, or controversy shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Colorado. All proceedings brought pursuant to this agreement will be conducted in the county of Denver in the state of Colorado. Any claim, dispute, or controversy arising out of or related to this Giveaway must be submitted to JAMS within three months from the last day of the Promotional Period; otherwise, such claim is permanently barred.
- Class Action WAIVER. ANY ARBITRATION PROCEEDING TO RESOLVE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND ENTRANT WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING IN WHICH AN ENTRANT OR SPONSOR ACTS OR PROPOSES TO ACT IN A REPRESENATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE WRITTEN CONSENT OF ENTRANT, SPONSOR, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
- Litigation in Certain Circumstances.
- Waiver of Jury Trial. If the binding arbitration provision above is determined to be null AND void or if any claim or controversy must be litigated for any reason, ENTRANT AND SPONSOR HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY.
- CLASS ACTION WAIVER. ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE JUDGE MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
- Venue. Any action brought by entrant or sponsor under this agreement shall only be brought in a state or federal court located in the county of Denver, state of Colorado. Entrant hereby submits to the jurisdiction and venue of such courts and waives any objection to which the entrant otherwise might be entitled regarding such jurisdiction or venue.
- Binding Arbitration.
- Governing Law. These Official Rules and the Giveaway are governed by U.S. laws and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the state of Colorado, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award, shall take place in the county of Denver, state of Colorado.
- Severability. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor may, in its discretion, replace the invalidated or unenforceable provisions with valid and enforceable provisions that, in the Sponsor’s discretion, fulfill the intent of the Giveaway and these Official Rules.
- Copy of Winner List and Official Rules. For the names of the winners or copy of these Official Rules, send your request to Shane Co. – Create Your Own #HolidayHint Giveaway Winners List, PO Box 3552, Englewood, CO 80155-9922. All such requests must be received by December 30, 2015.
- Sponsor. The Sponsor is Shane Co., PO Box 3552, Englewood, CO 80155-9922.
- Abbreviated Rules. No purchase necessary. A purchase will not increase your chances of winning. Giveaway begins 11/18/15 and ends 12/24/15. Void where prohibited.