Official Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD(S) OR SERVICE(S) WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES (the “Sweepstakes”) IS SUBJECT TO FEDERAL, STATE, AND LOCAL REGULATIONS AND LAWS AND VOID WHEREVER PROHIBITED OR RESTRICTED.
THESE OFFICIAL SWEEPSTAKES RULES (“Rules”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY AND PARTICIPATION IN THE SWEEPSTAKES.
1. SPONSOR. This Sweepstakes is sponsored by Coats & Clark Inc. (“Sponsor”). Sponsor may be contacted at 3430 Toringdon Way, Suite 301, Charlotte, NC 28277.
2. SWEEPSTAKES PERIOD. The Sweepstakes begins on October 1, 2017 at 9:00 a.m. EST and ends on March 31, 2018 at 5:00 p.m. EST (the “Sweepstakes Period”). All Entries (as defined in Section 4 below) must be received during the Sweepstakes Period. The Sponsor’s computer (or that of its designee for this Sweepstakes) is the official time-keeping device for online Entry into the Sweepstakes. For purposes of these Rules, all times and days are Eastern Standard Time.
3. ELIGIBILITY. The Sweepstakes is open to all legal residents of (a) the United States of America, including the District of Columbia; and (b) Canada, excluding Quebec (“Sweepstakes Territory”), who are 18 years of age or older as of the beginning of the Sweepstakes Period. Each person submitting an Entry in this Sweepstakes is an “Entrant”. Participation in this Sweepstakes constitutes each Entrant’s full and unconditional representation of their age, as well as acceptance of these Rules and consent to be contacted by Sponsor or its affiliates by email or telephone. Employees of Sponsor, its parent, subsidiaries, affiliates, and all advertising agencies, printers, promotional agencies and families of each involved in this Sweepstakes are not eligible to participate or win.
4. HOW TO ENTER. Each Entrant may enter the Sweepstakes during the Sweepstakes Period by visiting www.redheart.com (the “Site”) and submitting all requested information, such as name, email address, postal address, and birthday. An “Entry” shall mean and refer to each online entry submitted to Sponsor via the Site that provides all required information. Only one (1) Entry per person and per email account will be eligible. Sponsor is not responsible for lost, late, illegible, incomplete, mutilated, undelivered, or misdirected Entry information. Upon submission, all Entries (subject to your rights in your personal information) shall become the exclusive property of Sponsor and will not be acknowledged or returned.
6. WARRANTIES AND CONSENTS. By completing and submitting an Entry, Entrant: (a) represents and warrants that (i) Entrant has read, and agrees to be bound by these Rules, (ii) based on the Rules, Entrant is eligible to participate in the Sweepstakes, (iii) all of the information provided as part of Entrant’s Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; and (b) consents to the use of Entrant’s name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law.
7. ODDS. The odds of becoming a Winner (as defined in Section 8) depend on the number of Entries received.
8. PRIZE DETAILS. One (1) Entrant will receive a cash prize of five thousand U.S. dollars (USD 5,000.00) (the “Grand Prize Winner”). Ten (10) Entrants will each receive a cash prize of one thousand U.S. dollars (USD 1,000.00) (each, a “Second Place Winner”). One hundred (100) Entrants will each receive a cash prize of twenty-five U.S. dollars ($25.00) (each, a “Third Place Winner”, and collectively with the Grand Prize Winner and each Second Place Winner, the “Winners”)
9. WINNER SELECTION. The Winners will be selected in a random drawing, to be conducted within seventy-two (72) hours after the end of the Sweepstakes Period, from among all eligible Entries received by the Sponsor.
10. WINNER NOTIFICATION. The Winners will be announced on March 5, 2018. The Winners will be notified via telephone and/or email and will be given instructions on how to claim a prize. Three (3) attempts will be made to contact each Winner within a five (5) business day period. If a Winner fails to respond within such five (5) business day period, or if an e-mail attempt is consistently returned as undeliverable, or if a selected Winner cannot accept or receive a prize for any reason, or if he or she is not in compliance with these Rules, the applicable prize will be forfeited and an alternate Winner may be selected at Sponsor’s discretion. Each Winner has five (5) business days after acceptance to take delivery of the applicable prize. Additionally, each Winner will be required to sign and return an Affidavit and Release Form (where legal and applicable) in accordance with Section 11 below. If an Entry of a Canadian resident is selected as a potential Winner, each such Entrant must also correctly answer within a five (5) minute time period a mathematical skill-testing question without the benefit of any calculating devices before any prize will be awarded.
11. AFFIDAVIT OF ELIGIBILITY. Each Winner will be required to execute and return to Sponsor an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) (where permitted and applicable) within ten (10) business days of notification. By completing, signing and returning the Affidavit, each Winner (i) releases and forever discharges Sponsor, its affiliates and subsidiaries, and their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising out of participation in this Sweepstakes or to arise by use of any prize, (ii) confirms compliance with these Rules, and (iii) gives permission to Sponsor, at its option, to publish or otherwise use such Winner’s name, address, photograph, voice and comments, without compensation, in any publicity carried out by Sponsor or its respective advertising agencies, except where prohibited by law.
12. AWARDING OF PRIZES. Each prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for credit. Each prize must be accepted as awarded. Each prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute any prize (or a component thereof) with another prize (or component thereof) of equal or greater value if a prize is not available for any reason as determined by Sponsor in its sole discretion. Each Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on any prize. Each prize will be awarded only upon successful verification that all Sweepstakes requirements have been met, including, eligibility, age and other claims of/information provided by the potential Winner. Unused components of a prize shall be forfeited. Each Winner must take delivery of the applicable prize within thirty (30) days of notice of availability from Sponsor or the supplier of such prize, at a time and place specified by Sponsor or the supplier of such prize. Each Winner waives the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize, if any.
13. TAXES. The value of each prize will be taxable to each Winner as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of a prize not specifically provided for in these Rules are solely the Winners’ responsibility. Each Winner is solely responsible for reporting and paying any and all applicable taxes. If a Winner is a resident of the United States, such Winner will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS and each such Winner shall be required to provide Sponsor with valid identification and a signed Form W-9 with a valid taxpayer identification number or social security number before any prize will be awarded. Each Entrant must contact his/her own tax advisor for any questions concerning taxes.
14. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes Each Winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of such Winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
15. INDEMNIFICATION. By entering the Sweepstakes, each Entrant agrees to forever release, indemnify and hold harmless Sponsor, Sponsor’s parent companies, managing agents, subsidiaries and affiliates, and their related parties, and each of the foregoing entities’ respective officers, directors, employees, representatives and agents of each (collectively, the “Released Parties”) FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS, OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF ANY PRIZE AWARDED HEREIN, ANY SERVICES PROVIDED BY PARTIES OTHER THAN THE SPONSOR IN CONNECTION WITH A PRIZE AWARDED, OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT). Each Entrant further covenants not to sue Sponsor or any of the other Released Parties and hereby acknowledge that neither Sponsor nor any Released Party has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or any prize.
16. LIMITATIONS OF LIABILITY. The Released Parties 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 the Internet, 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; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or (6) undeliverable emails. If for any reason an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Sweepstakes at the discretion of the Sponsor.
17. DISPUTES. Each Entrant, including each Winner, agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts of the State of North Carolina, United States; (2) 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 (3) under no circumstances will an Entrant, including any Winner, be permitted to obtain awards for, and each Entrant, including each Winner, hereby waives all rights to claim, indirect, 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 limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to AN ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the Entrants, the Winners and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, United States without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
18. TERMINATION; MODIFICATION. In the event Sponsor is prevented from continuing with the Sweepstakes as a result of lack of feasibility of the Sweepstakes, compromised integrity of the Sweepstakes, infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond Sponsor’s control, Sponsor may, within its sole discretion, cancel, terminate, modify, or suspend the Sweepstakes. If Sponsor elects to abbreviate the Sweepstakes as a result of such an event, Sponsor may award the prizes from among all valid and eligible Entries received up to the time of such event. In no event will more prizes be awarded than stated in these Rules.
19. GENERAL CONDITIONS. Any individual found to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner, at Sponsor’s sole discretion, may be disqualified and Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
20. PROOF OF ENTRY. Each potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the e-mail address associated with the winning Entry. Proof of submitting Entries will not be deemed to be proof of receipt by Sponsor.
21. WINNERS’ LIST. For a list of each Winners’ name (available after the Sweepstakes ends) and/or a copy of these Rules, send a hand-printed, self-addressed, stamped envelope to Sponsor at the address listed above within thirty (30) days after the Sweepstakes ends.