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“Sunshine and Summertime Sweepstakes” Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ACCESS TO THE INTERNET IS REQUIRED TO PARTICIPATE.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
I. SWEEPSTAKES PERIOD: The “Sunshine and Summertime Sweepstakes” (the “Sweepstakes”) begins July 14, 2014, at 12:00:01 AM Eastern Daylight Time (“ET”) and ends August 3, 2014, at 11:59:59 PM. ET (the “Entry Period”).
II. ELIGIBILITY: The Sweepstakes is open to legal residents of the 48 contiguous United States and District of Columbia (excludes Alaska and Hawaii), who are eighteen (18) years of age or older at the time of entry or age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi). Officers, directors and employees of Stonewall Kitchen, LLC (“Sponsor”), Sperry Top-Sider LLC and Sea Bags, Inc. (each a “Prize Supplier”), their respective parent companies, divisions, subsidiaries and affiliates, and the agents, advertising, promotional and judging agencies of each of the foregoing, and any other entity or persons that develops, produces or distributes materials for or related to the Sweepstakes (collectively, “Released Entities”), and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are NOT eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local and international laws and regulations, and is void where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
III. HOW TO ENTER THE SWEEPSTAKES: Entries may be submitted online at www.stonewallkitchen.com/sweepstakes.html. Follow the prompts to enter your first and last name (no initials), complete street address (P.O. Boxes are not accepted), city, state, zip code and email address. By entering the requested information on the registration page you are automatically entered into the Sweepstakes drawing. Website’s server must receive the entry by 11:59:59 pm ET on August 3, 2014. Limit of one entry per person, per email address. Incomplete entries are void.
IV. WINNERS DRAWING, NOTIFICATION AND ODDS: On or about August 4, 2014, One (1) potential Grand Prize Winner will be chosen by a random drawing of all eligible entries received during the Entry Period, by an officer of Sponsor, whose decisions are final and binding on all matters relating to the drawings.
The potential winner will be notified by phone or e-mail on or about August 4, 2014. Odds of winning will depend upon the number of eligible entries received during the Sweepstakes Period. The potential Grand Prize Winner will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release within ten (10) days of Sponsor’s first attempted notification of the prize or that potential winner will be disqualified and an alternate potential winner selected based on the criteria herein. Return of any prize as undeliverable will similarly disqualify that potential winner and an alternate potential winner will be selected based on the criteria herein. Sweepstakes winners may be featured on the Sponsor's and/or Prize Suppliers’ respective Internet and social media websites. The decisions of Sponsor will be final and binding on all matters relating to the Sweepstakes.
V. GRAND PRIZE: The winner will receive an assortment of specialty foods, tote bags, footwear, jewelry and accessories, comprised of:
A. $400 Stonewall Kitchen Gift Card (ARV $400.00) along with an assortment of products from Stonewall Kitchen comprised of: Black Bean Salsa (2) (ARV $6.95 each); Cheddar Asiago Cheese Bites (ARV $6.95); Chili Con Queso (2) (ARV $6.95 each); Coastal Breeze Dish Soap (ARV $9.95); Coastal Breeze Hand Lotion (ARV $12.50); Coastal Breeze Hand Soap (ARV $9.95); Down East Tartar Sauce (ARV $7.95); Everything Flatbread Crisps (ARV $6.95); Fire Roasted Salsa (2) (ARV $6.95 each); Guacamole Spice Dip Mix (ARV $3.95); Mango Lime Salsa (2) (ARV $6.95 each); Mild Tomato Salsa (2) (ARV $6.95 each); Mussels Seasoning (ARV $5.50); New England Cocktail Sauce (ARV $5.95); Parmesan Flatbread Crisps (ARV $6.95); Peach Salsa (2) (ARV $6.95 each); Pineapple Chiptole Salsa (2) (ARV $6.95 each); Raspberry Salsa (2) (ARV $6.95 each); Romano Herb Bites (ARV $6.95); Rosemary Cheddar Bites (ARV $6.95); Salsa Verde (2) ($6.95 each); Sea Salt Flatbread Crisps (ARV $6.95); Spicy Corn Relish (2) (ARV $6.95 each); Spicy Tomato Salsa (2) (ARV $6.95 each); Sweet Onion Flatbread Crisps (ARV $6.95); Tequila Lime Cocktail Sauce (ARV $5.95); Tortilla Chips (5) (ARV $4.95 each); and Ultimate Pub Mix (ARV $19.95). Total Stonewall Kitchen, LLC Prize approximate retail value (“ARV”) is $707.95.
B. The following products, all provided by Sperry Top-Sider LLC: Charm Bracelet – Blue Leather (ARV $38.00); Men’s Authentic Original 2 Eye Boat Shoe – Sahara in the size of winner’s choice (subject to availability, up to ARV $180.00); Men’s Navigator Watch – Navy (ARV $150.00); Men’s Skip Lace Cord Baseball Hat – Red Canvas (ARV $27.50); Nautical Charm – Blue Anchor (ARV $15.00); Nautical Charm – Gold Starfish (ARV $15.00); Serape Floppy Hat – Natural (ARV $38.00); Unisex Portsmouth Sunglasses (ARV $125.00); Vineyard Haven Aviator Sunglasses - Black Stainless Steel (ARV $160.00); Whale Print Infinity Scarf - Bright Navy Blue Whales (ARV $36.00); Women’s Saylor Wedge – Platinum in the size of winner’s choice (subject to availability, up to $150.00)); Women’s Summerlin Watch – Navy (ARV $140.00). Total Sperry Top-Sider LLC Prize approximate retail value (“ARV”) is $927.50.
C. The following products, all provided by Sea Bags, Inc.: Chebeague Island Duffle (ARV $225.00); Large Navy Zip Top Anchor (ARV $175.00); Navy Anchor Print Wristlet (ARV $30.00). Total Sea Bags Inc. Prize approximate retail value (“ARV”) is $430.00.
Total Grand Prize approximate retail value (“ARV”) is $2,065.45.
VI. GENERAL PRIZE TERMS AND CONDITIONS: The Grand Prize Winner (“Winner”) is required to comply with any and all applicable federal, state and local laws, rules and regulations. Prizes are not transferable, or redeemable for cash. There are no substitutions unless specified or approved by the Sponsor and/or the applicable Prize Supplier. Prize details and availability are subject to change, and in the event that the Sponsor or either Prize Supplier is unable to provide the Winner with the prize won, the Sponsor or applicable Prize Supplier may elect, at the Sponsor and/or such Prize Supplier’s sole and absolute discretion, to provide Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated ARV of the prizes is based on available information provided to Sponsor at the time these Official Rules were drafted (and any difference in ARV at the time of awarding will not be awarded) and the value of any prize awarded to a Winner may be reported for tax purposes as required by law; the Winner may be required to provide a social security number and completed W-9 form prior to receiving the prize. All prizes claimed in accordance with these Official Rules will be awarded and distributed within seven (7) weeks of Winner verification. If any Winner is a minor (18 or older if a resident of ME, 19 in AL or NE and 21 in MS) at time of entry, prize will be awarded in the name of, or to his/her parent or legal guardian, and such person may be required to complete and return an Affidavit of Eligibility/Liability and Publicity Release within ten (10) days. A Winner may be required to send a copy of their passport, driver’s license or birth certificate as proof of age. Neither the Sponsor nor either Prize Supplier is responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner. A properly claimed prize will be awarded subject to these Official Rules. The Sponsor and Prize Suppliers will coordinate shipping arrangements to one destination within the 48 contiguous states and District of Columbia. The Sponsor, Prize Suppliers and their respective agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in the Sweepstakes.
A Winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor, Prize Suppliers and their respective agents to use the Winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
VII. ENTRY ERRORS/TAMPERING: Neither Sponsor nor either Prize Supplier is responsible for: (i) electronic or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, postage-due or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to participants’ or any person’s computer and/or its contents, or causes beyond Sponsor or either Prize Supplier’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of the Sweepstakes; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by participants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of the Winner; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks). If for any reason the Sweepstakes cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupts or affects the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to cancel, modify or terminate the Sweepstakes and reserves the right, but shall not be obligated, to randomly select the Winner from among all non-suspect Submissions received as of the date/time of such termination/cancellation or modification. The Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Any participant determined to be involved in such prohibited activity will not be eligible to receive a prize in the Sweepstakes.
VIII. RELEASES: Except where and to the extent prohibited by law, participation in the Sweepstakes constitutes each participant’s agreement to hold harmless the Released Entities from and against any injuries, losses or damages arising in any way from or in connection with their participation in the Sweepstakes. Except where and to the extent prohibited by law, acceptance of a prize constitutes Winner’s agreement to hold the Released Entities harmless from and against any injuries, losses or damages arising in any way from or in connection with his/her participation in the Sweepstakes, the acceptance, possession or use of the prize, Released Entities’ reliance upon Winner’s compliance with these Official Rules, or Winner’s participation in prize-related activities, and further constitutes Winner’s agreement that the Released Entities may use Winner’s name, voice, likeness and/or biographical data for advertising and Sweepstakes purposes in any and all media worldwide without limitation or additional compensation.
IX. GOVERNING LAW/DISPUTE RESOLUTION: Except where prohibited, each participant agrees that the Sweepstakes shall be governed by and construed in accordance with, the laws of the state of Maine without giving effect to its or any other state’s choice of law or conflict of law statutes, regulations or rules. Participants agree that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with the Sweepstakes shall be resolved, upon the election by the participant, Sponsor or Prize Supplier (as applicable), by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by the participant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NO PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR, EITHER PRIZE SUPPLIER NOR PARTICIPANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT PARTICIPANT WOULD HAVE IF PARTICIPANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Unless the participant, Sponsor and Prize Suppliers all agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's authority to resolve Claims is limited to Claims between the Sponsor, Prize Suppliers and the participant alone, and the arbitrator's authority to make awards is limited to awards to the Sponsor, Prize Suppliers and the participant alone. Also, claims brought by any party against another may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving a party's right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void.
If arbitration is not used to resolve a Claim, THE PARTICIPANT AGREES THAT THERE WILL NOT BE A JURY TRIAL. PARTICIPANT, SPONSOR, PRIZE SUPPLIERS EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. Participant agrees that the Sweepstakes shall be subject to and governed by the laws of the State of Maine, without giving any effect to the principals of conflicts of law, and the forum for any dispute shall be in York County, Maine.
X. WINNERS’ LIST: For the name of the Winner send a self-addressed, stamped legal size envelope after August 5, 2014 and no later than October 4, 2014 to: Stonewall Kitchen, LLC, Attn: Ms. Sheri Tripp, 2 Stonewall Lane, York, ME 03909. The name of the Winner may also be posted on Sponsor’s social media websites between the above-referenced dates.
XII. SPONSOR: Stonewall Kitchen, LLC, 2 Stonewall Lane, York, ME 03909.
XIII. PRIZE SUPPLIERS: Sperry Top-Sider LLC, 191 Spring Street, Lexington, MA 02420, and Sea Bags, Inc., 25 Custom House Wharf, Portland, ME 04101.