Wind & Weather® Fall-o-ween Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Promotion Description: The “Wind & Weather Fall-o-ween Giveaway” (“Giveaway”) begins on 9/4/2017 at 12:00 AM (Eastern Time (US)) and ends on 10/9/2017 at 11:59 PM (Eastern Time (US)) (the “Promotion Period”). By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Wind & Weather® (“Sponsor”), which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Giveaway.
2. Eligibility: Open to legal residents of the continental United States who are of eighteen (18) years of age or older. Void where prohibited or restricted by law. Sponsor and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Giveaway or win a prize.
3. Winner Selection: The winner of the Giveaway will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted within 48 hours of Giveaway ending by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received. Winner will be notified by email at the email address provided in the Entry Information on or about 72 hours after the random drawing. Potential winner must accept a prize by email as directed by Sponsor within 72 hours of notification. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. In the event of a prize forfeiture, a new winner will be chosen. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively “the Prize Claim Documents”). No substitution or transfer of a prize is permitted except by Sponsor.
4. Prize: One (1) winner will receive their choice of one (1) of the following items: “Metal and Glass Fall Solar Stake” (approximate retail value or “ARV”: $69.95); “Cat Hiding in Lighted Pumpkin” (ARV: $49.95); “Stained Glass Autumn Tree Panel” (ARV: $179.95); “Harvest Angels, Set of 2” (ARV: $69.95); “Glowing Mercury Glass Pumpkin” (ARV: $34.95); or “Lighted Halloween Lampshade Lamp” (ARV: $49.95). Only one prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
Prize will only be awarded and/or shipped to addresses within thirty (30) days. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
5. How to Enter: NO PURCHASE NECESSARY. For online entry during the Giveaway Period, visit Wind & Weather Fall-o-ween Giveaway and completely fill out the online entry form. For entry by phone, call 1-800-922-9463 to speak to a Customer Service Representative. For entry by mail, please include the name of the item you are voting for and address the entry to: “Wind & Weather Fall-o-ween Giveaway Entry”, c/o Wind & Weather, 7021 Wolftown-Hood Road, Madison, VA 22727. A valid email address is required to enter.
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the entrant. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/Giveaway subscription notification and/or entering services, will void that entrant's Entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor's database clock will be the official timekeeper for this Giveaway.
10. Release: By receipt of any Giveaway prize, winner agrees to release and hold harmless Sponsor and their respective subsidiaries, affiliates, franchisees, distributors, advertising/promotion agencies, vendors, contractors and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of any prize.
11. Publicity: Except where prohibited, participation in the Giveaway constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, now known or subsequently created, without further payment or consideration.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, 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 Giveaway, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. 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 Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway 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 such person to the fullest extent permitted by law. Sponsor’s’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or other means; (2) unauthorized human intervention in any part of the entry process or the Giveaway; (3) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (4) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously lost, or otherwise destroyed, entrant’s sole remedy is another entry in the Giveaway provided if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor, in their sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.
14. Disputes: Except where prohibited, entrant agrees: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in and for the Eastern District of Virginia or the appropriate Virginia State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia. Entrants hereby consent to jurisdiction in the state of Virginia and agree such jurisdiction is the most appropriate and convenient for resolution of disputes related to this Giveaway.
15. Giveaway Results: For Giveaway results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “Wind & Weather Fall-o-ween Giveaway Winners/Rules”, c/o Wind & Weather, 7021 Wolftown-Hood Road, Madison, VA 22727. Requests for winners list must be received by December 6, 2017. © 2017 Wind & Weather, LLC All Rights Reserved.