NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. By submitting an entry to the Sweepstakes, participating, you (the “entrant”) agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sweepstakes "Sponsors" (Darby Smart, Bark & Co., Barnraiser, Hungryroot, Fluent City, Apt2B and Harney & Sons Fine Teas will be referred to as Sponsors) as final and binding as it relates to the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws.
1. Email communications. By entering the Sweepstakes you agree to receive email newsletters periodically from Darby Smart, Bark & Co., Barnraiser, Hungryroot, Fluent City, Apt2B and Harney & Sons Fine Teas. You may opt out of email communications at any time. Eligibility: Sweepstakes (the "Sweepstakes") is open only to those who sign up at the online sweepstakes page and who are at least 18 years old at the time of entry.
2. Eligibility. The Sweepstakes is open to the legal residents of the fifty (50) United States and the District of Columbia and is void where prohibited by law. Employees of the "Sponsors" and their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. No purchase necessary to enter or win the Sweepstakes and a purchase will not increase chances of winning. No person may win more than 1 prize.
3. Sweepstakes Period: Entries will be accepted online starting on or about February 1, 2017 and ending February 22, 2017 at 11:59 PM. All online entries must be received by February 22, 2017 at 11:59 PM. All times are Pacific Time (US & Canada).
4. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided. The entry must fulfill all sweepstakes requirements, as specified in these Rules, to be eligible to win a prize. Entries that are not complete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of Sponsors. You may enter only once using this form and you must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Sponsors.
5. Prize: Only one (1) prize shall be awarded to one (1) winner. The approximate total retail value of the prize is $3,050. The prize is: One 32GB iPhone7 ($650 value), $400 in prizes from Bark & Co, $400 in prizes from Barnraiser, $400 to Hungryroot, $400 to Fluent City, $400 to Harney & Sons Fine Teas, and $400 to Apt2B. You are not guaranteed to win the prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. Other specifics of the prize shall be solely determined by the Sponsors. No cash or other prize substitution will be permitted except at Sponsors' discretion. The prize is nontransferable. Any and all prize related expenses and costs, including but not limited to any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Sponsors to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning will depend on the number of eligible entries received. In the event that no entries are received, no prize will be awarded.
7. Winner selection and notification: The Winner of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsors. Winners will be notified via e-mail to the e-mail address they entered the Sweepstakes with within seven (7) days following the winner selection. Sponsors shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, the winner shall forfeit the prize and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that Sponsors, anyone acting on behalf of Sponsors, or their respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and your name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Additional Terms: Sponsors reserve the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in Sponsors’ sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond Sponsors’ control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsors may take any of the foregoing actions, or may select the Sweepstakes winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsors reserve the right at Sponsors’ sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
Sponsors have the right, in Sponsors’ sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses or different email addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law.
10. Limitation of Liability: By entering you agree to release and hold harmless Sponsors and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries; and (vi) if the contest winner, your selection and use of the photographer. BY ENTERING THE CONTEST, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPONSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS AGREEMENT, ACTIVITY AT THE SITE, THE SERVICES, OPERATION OF THE SITE, ACTIONS REGARDING YOUR CONTENT, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT C.C IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS USED IN THIS SECTION, “SPONSORS” includes DARBY SMART, LE TOTE, DRAPER JAMES, CAEDEN, MADISON REED, COSMOPOLITAN, THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, MEMBERS, PARENT, SUBSIDIARIES, RELATED BUSINESS ENTITIES, SUCCESSORS, ASSIGNS, CLIENTS, AND PRODUCERS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF SPONSORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CLIENTS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
11. Indemnification. To the maximum extent permitted by law, each entrant to the Sweepstakes indemnifies and agrees to keep indemnified Sponsors at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless Sponsors from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any entries provided by the entrant that infringes any copyright, trademark, trade secret, or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Sweepstakes; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Sweepstakes; (e) acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes; (f) any malfunction or other problem with the Sweepstakes website; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winner.
12. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF United States AND California, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a state or federal court located in California having jurisdiction and you consent to the personal jurisdiction of the California state and federal courts . Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
13. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Sponsors' websites. Read the Privacy Policies: http://www.darbysmart.com/privacy
14. Sponsors: The Sponsors of the Sweepstakes are Darby Smart, Bark & Co., Barnraiser, Hungryroot, Fluent City, Apt2B and Harney & Sons Fine Teas. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google.
15. Technological Problems. Sponsors are not responsible for (i) late, lost, delayed, not received, misdirected, incomplete, or corrupted entries, or (ii) failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, servers, access providers, hardware or software, whether originating with Sponsors or entrant.
16. Controlling Rules. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and the terms and conditions of any other statements made in any Sweepstakes-related materials (including, but not limited to, the Sweepstakes entry form, online advertising, etc.), the terms and conditions of these Sweepstakes rules shall prevail, govern and control.
17. Severability. If any portion of these Rules is found to be unenforceable, such portion will be modified to reflect the Sponsors’ intention and only to the extent necessary to make it enforceable. The remaining provisions of these Rules will remain in full force and effect.