Heath Ceramics Tote Giveaway Promotion (the “Promotion”)
Official Rules (the “Rules”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The Promotion is a sweepstakes promotion offered by Remodelista, LLC, the operator of remodelista.com and gardenista.com (the “Sponsor”). These Rules govern the Promotion and they constitute an agreement between Sponsor and any person who acts to enter or participate in the Promotion or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your agreement to these Rules.
Participation in the Promotion is open only to persons who at the time of entering (a) have reached the legal age of majority where they reside; and (b) are legal residents of one of the fifty United States (including the District of Columbia). Employees of Sponsor or its Affiliates (defined below), advertising agencies or promotional agencies, however, are not eligible to participate in the Promotion; nor are any immediate family members (mother, father, brother, sister, son, daughter, or spouse) of any such employee nor any person residing in the same household as any such employee. The Promotion is subject to all applicable laws and regulations. Notwithstanding any other terms of these Rules, this Promotion is VOID WHERE PROHIBITED.
2. HOW TO ENTER
The ability to enter the Promotion will begin at 8:00 a.m. Eastern Time (“ET”) on December 12, 2019 and end at 11:59 p.m. ET on December 22, 2019 (the “Promotion Period”).
To participate in the Promotion, you must complete the entry form accessible at https://www.remodelista.com/posts/enter-to-win-heath-ceramics-leather-tote-sweepstakes/.
Entries must be received by 11:59 p.m. ET on December 22, 2019. Limit: One entry per person. Automated methods of entry are prohibited. Use of automated methods of entry may result in disqualification. Please see Sponsor’s Privacy Statement (located at https://www.remodelista.com/privacy-policy/) for details of Sponsor’s use of personal information collected in connection with this Promotion. These Rules govern any conflict, however, between the terms of such Privacy Statement and these Rules.
In its discretion, Sponsor may disqualify any entry (in whole or in part) that Sponsor determines, in its sole discretion, was obtained or submitted through unauthorized means or sources, is not original, is illegible, mutilated, altered, reproduced, stolen, forged, counterfeited, irregular, is non-compliant with these Rules, contains printing, production, typographical, mechanical or other errors, or is marked improperly.
There are (3) prizes available to be won (as described below), consisting of the choice of one of the Heath Leather Totes. If, or to the extent, the prize is not used at its time of expiration, and in accord with all associated restrictions, terms and conditions, then it shall be deemed forfeited by the Winner. The odds of winning are dependent upon the total number of entries timely received. For instance, if there were one thousand (1,000) entries received, the odds of each entrant winning the Prize would be one (1) chance in one thousand. This could vary if entries were disqualified. The retail value of the Prize is estimated at approximately U.S. $450.00. For the purpose of any determination of the Prize’s value, the determination of Sponsor will be final and binding. The right to the Prize is not transferable by the winner. The Prize must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. The Prize is not redeemable for cash. Sponsor reserves the right to substitute the Prize for an item (including cash or a gift card) of equivalent or greater value if for any reason, in Sponsor’s discretion, the Prize cannot, or without hardship cannot, be awarded as described in these Rules. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to the Prize (or any substitution) or its delivery, transfer, receipt, acceptance, possession, use or disposition are solely the responsibility of the winner. Only the Prize described above in this Section 3 is being offered in this Promotion.
PRIZE SPONSORS. The Prize is provided by Heath Ceramics, a corporation having a business address at 2900 18th Street, San Francisco, CA 94110 (“Heath,” or Prize Sponsor): Heath is providing a stay at the Heath Cabin (described above) as the Prize, and are doing so in anticipation of realizing advertising, marketing and promotional benefits. Heath is a Prize Sponsor, Promotion Supporter, and a Released Party for purposes of these Rules (and within the meanings of such terms as provided for in these Rules).
4. SELECTION AND NOTIFICATION OF WINNER; ODDS OF WINNING
The Prize winners will be selected by random drawing (the “Drawing”). The Drawing will select three (3) winners from the Promotion entries the Sponsor timely receives during the Promotion Period. The Drawing will be conducted from the offices of Sponsor (or from such other location as Sponsor designates) during or about December 23, 2019. The Sponsor reserves the right to require any selected entrant to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules. The Sponsor or its designee will attempt to contact each selected entrant by email once per day for three (3) days from the date Sponsor first tries to notify him/her. If any selected entrant cannot be contacted after three (3) days from the date Sponsor first tries to notify him or her, or if the Prize notification is returned or reported as undeliverable, or if a selected entrant (whether or not contacted) is deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion), or if a selected entrant fails to, is unable to or is unwilling to comply with these Rules, or if a selected entrant fails to, is unable to or is unwilling to timely sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules, then that selected entrant forfeits all rights to win the Promotion or receive the Prize and will be deemed disqualified. In such case another entry will be drawn. This process may be repeated until the Prizes have been awarded three times, upon which event such entrants will be declared the winners of the Promotion. All findings, determinations and decisions of the Sponsor or its designees may be made in the Sponsor’s or its designee’s (s) sole discretion and are final and binding in all matters relating to this Promotion and in all respects. Limit one (1) prize per family or household.
5. RELEASE AND CONSENT
By participating in this Promotion, each entrant agrees to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Promotion, participation in this Promotion, the operation, administration, change or cancellation of the Promotion or any acceptance, use, misuse or consequence of any prize. As used in these Rules, “Released Party(ies)” means and includes, Sponsor and its Affiliates, Sponsor’s marketing partners, suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring any prize, any of the contractors, licensors or suppliers of any of the foregoing, any of the Affiliates of any of the foregoing and any of the directors, officers, employees, agents or representatives of any of the foregoing. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any other Released Party nor to any other person or entity. For purposes of these Rules, an “Affiliate” of an entity, association, business or other specified person is an entity, association, business or person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified entity, association, business or person.
In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.
6. DISCLAIMERS AND NOTICES
Sponsor is not responsible for (i) entries that (for whatever reason and whoever’s fault – unless done fraudulently by Sponsor) are incomplete, lost, damaged, destroyed or unintelligible; (ii) telephone, technical, network, online, electronic, computer hardware or software failures of any kind; (iii) incomplete, garbled or delayed Internet/e-mail computer transmissions on account of operator error, technical problems, traffic congestion on the Internet, congestion or problems regarding any Web site, or any combination thereof; (iv) any condition caused by events beyond Sponsor’s control which disrupts or interferes with the Promotion; or (v) any injury, loss, damage or liability of any kind arising out of or relating to your participation in the Promotion or the delivery, transfer, receipt, acceptance, possession, use or disposition of the Prize (or any substitution), including without limitation any injury, loss, or damage to your or any other person’s computer or property relating to or resulting from participation in, or downloading or viewing any materials in connection with, this Promotion.
Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Promotion at any time and with or without notice and (ii) to disqualify any individual that tampers or attempts to tamper with the entry process, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any person.
SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE (OR ANY SUBSTITUTION) OR ANY COMPONENT OF ANY PRIZE (OR ANY SUBSTITUTION). ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR PROMOTION-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind. UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED THE VALUE OF THE PRIZE DESCRIBED IN THESE RULES, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.
The protections and benefits of this Section 6 shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well.
7. APPLICABLE LAW AND VENUE
This Promotion is subject to all applicable laws and regulations. However, all issues, allegations, claims, actions or disputes concerning compliance or non compliance with these Rules or the construction, validity, interpretation, enforceability or breach of these Official Rules (collectively, “Rules-Related Disputes”), shall be governed by the laws of the State of California (excluding conflicts of laws rules). All Rules Disputes and all other claims, actions and disputes arising out of or connected with this Promotion or the Rules will be resolved individually, and without resort to class action, exclusively by a state or federal court located in San Mateo County, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
8. WINNERS LIST
The identity of the winners will be published within approximately twenty-one (21) days after the winners have been finally declared and each Prize has been finally awarded. Such publication will be posted to such other URL as may be deemed appropriate by Sponsor. For the name of the prize winners, you may also send a request that includes a self-addressed, stamped envelope to: Remodelista, LLC, 137 Montague Street, No. 207, Brooklyn, NY 11201, Attention: Remodelista Giveaways & Promotions. Such requests must be received no later than one hundred eighty (180) days after the Promotion is closed to further entries.
All entries and related submissions, materials and content, and any prize claims, become the property of Sponsor upon submission or delivery and will not be returned. These Rules constitute the full and exclusive agreement relating to the Promotion. In the event of any conflict between these Rules and any statement, document or communication relating to the Promotion, these Rules shall prevail.
137 Montague Street, No. 207
Brooklyn, NY 11201
© 2019 Remodelista, LLC. All rights reserved.
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