NO PURCHASE NECESSARY
TO ENTER OR WIN.
INTERNET ACCESS AND VALID E-MAIL ACCOUNT NECESSARY TO
PARTICIPATE.
VOID WHERE PROHIBITED BY LAW.
ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY.
1.
ELIGIBILITY: The MacKenzie-Childs Ornament Giveaway
(the “Giveaway”) is open to legal residents ages 18 or older of the eligible
contiguous United States (excluding residents of Rhode Island and any other
jurisdiction where the Giveaway would be prohibited by law, who have an existing
Internet connection as of September 15, 2009.
By entering, entrant agrees: (a) to abide
by these Official Rules (exact compliance is essential); (b) to accept as final
and binding the decisions of the Sponsor, judge(s) and their agents in all
matters relating to this Giveaway; (c) that all entries submitted become the
property of the Sponsor and will not be acknowledged or returned; and for those
entrants who have selected to opt-in, to receive information from third parties
via the opt-in box on the entry form; and (d) to the
collection of all information on each entry, and to its transfer to third
parties for administration of this Giveaway. Employees of the Sponsor and
its affiliates, subsidiaries, distributors, retailers and anyone involved with
the design, production, execution or distribution of the Sponsor’s products,
this Giveaway or related promotional materials and their immediate families
(parent, child, sibling and spouse or “step” of each) or household members (any
person living in the same household of any of the foregoing for at least four
(4) of the twelve (12) months preceding the start of the Giveaway) are not
eligible.
2.
SPONSOR:
MacKenzie-Childs LLC, 3260 State Route 90, Aurora, NY 13026.
3.
GIVEAWAY PERIOD:
Entries into the Giveaway may be
made during the period commencing on September 15, 2009 at 12:01 a.m. Eastern Time
and ending on December 7, 2009 at 11:59:59 p.m. Eastern Time (the
“Giveaway Period”).
4.
ENTRY REQUIREMENTS:
4.1
HOW TO ENTER:
To enter the Giveaway, you should have Internet access and a
valid e-mail account prior to the commencement of the Giveaway Period.
Go to
http://www.mackenzie-childs.com/OrnamentGiveaway/ or follow the links
provided in the promotional materials
of the Sponsor or its participating affiliates
to complete the
Giveaway entry form. Click on the
check box affirming that you have read, understand and agree to these Official
Rules, and submit your entry form.
YOU MUST CHECK THIS BOX IN ORDER TO
PARTICIPATE. All entry forms
must be received by the Sponsor by
December 7, 2009, at 11:59:59 p.m.
Eastern Time.
4.2
ENTRY CONDITIONS: The Sponsor has the sole discretion
to determine the valid and official entry time should any discrepancies of time
occur.
The Sponsor is not
responsible for lost, late, incomplete, misdirected, mutilated or postage due
mail/request/entries.
Additionally, limit one
entry per person for the entire Giveaway Period. Odds of winning depend on number of
eligible entries received. All
qualified entries have an equal chance of winning. By participating, entrant agrees to
these Official Rules.
5.
DRAWING:
A random drawing will be conducted on or before December 14, 2009 from all
eligible entries to award the following prizes:
One (1) Giveaway winner will receive one
25 ornament collection which includes the following glass ornaments: (1) Shopping Bag Ornament,
(1) Courtly Check Tea Kettle Ornament, (1) Gift Package Ornament, (1) Christmas Tree Ornament,
(1) Snowman Ornament, (1) Nutcracker Ornament, (1) Tartan Heart Ornament, (1) Father Christmas Ornament,
(1) 2009 Landscape Bell Ornament, (1) Courtly Check Ball Ornament Set - Small(2-pc set),
(1) Courtly Check Ball Ornament Set - Large(2-pc set), (1) Courtly Stripe Ball Ornament Set - Small(2-pc set),
(1) Courtly Stripe Ball Ornament - Large(2-pc set), (1) Courtly Harlequin Ornament Set - Small(2-pc set),
(1) Courtly Harlequin Ball Ornament Set - Large(2-pc set), (1) Tartan Ball Ornament Set - Small(2-pc set),
(1) Tartan Ball Ornament Set - Large(2-pc set).
Total approximate retail value of the prize: $1,143.00
The winner will be notified by
email or mail within two (2) weeks after being selected. The winner will be required to sign
and return an Affidavit of Eligibility and Liability Release (where lawful) and
a publicity release (collectively, the “Claim Form”) within two (2) weeks of
notification to the Sponsor (“Submission Deadline”) in order to claim the prize, or prize will be
forfeited.
The name of the winner will be posted following the
receipt by the Sponsor of the Claim Form from the confirmed winner.
Winner may not
substitute, assign, or
transfer the prize or redeem the prize for cash.
The Sponsor reserves the right to substitute any prize with prize of
equal or greater value if advertised prize becomes unavailable. Any depictions of prizes are for
illustrative purposes only.
Insurance, taxes, all expenses and incidentals not mentioned above are the
responsibility of the winner.
In the event of a
dispute about the identity of the entrant, entries will be declared made by the
authorized account holder of the email address submitted at time of entry. An authorized account holder is
defined as the natural person who is assigned to an email address by an Internet
access provider, online service provider or other organization (e.g. business,
educational institution, etc.) that is responsible for assigning email addresses
for the domain associated with the submitted email address. The potential winner may be required
to provide the Sponsor with proof that the potential winner is the authorized
account holder of the email address associated with the winning entry.
6.
GENERAL:
If you are notified
that you are the winner, to be declared a prize winner, you must complete the
Claim Form provided to you at the time of winner notification and sign an
affidavit of eligibility, compliance and liability, and publicity release form
which, among other things, confirms compliance with these rules, acceptance of
the prize as awarded and release of certain parties from any losses,
liabilities, damages or claims arising from or related to the prize awarded and
the Giveaway itself. If a potential
winner fails to submit the Claim Form with all information required by the
Submission Deadline, the Sponsor reserves the right to disqualify the potential
winner, and the Sponsor shall be fully and completely released and discharged
from any liability or responsibility in this regard. If any prize notification e-mail or
prize is returned as undeliverable, prize will be forfeited
and an alternate winner will be selected. All completed Claim Forms and winning
Code submitted become the property of the Sponsor. The Claim Form and Code will be
verified by the Sponsor. The prize will be shipped within four (4) to
six (6) weeks of receipt of verification of the winner. The
Sponsor reserves the right, in its sole discretion, to disqualify persons whose
eligibility is in question or who cannot or do not comply with these Official
Rules, or for any other reason whatsoever. Neither the
Sponsor nor any of its agencies are responsible for lost, late, or misdirected
entries, or interrupted or unavailable network server or other connections,
miscommunications, failed telephone or computer transmissions, or technical
failure, jumbled, scrambled or misdirected transmissions, or other errors of any
kind whether human, mechanical or electronic or for phone, electrical, network,
computer hardware or software program malfunctions, failures or difficulties, or
for ISP/network/Web site accessibility or unavailability. Persons found tampering with or
abusing any aspect of this Giveaway, as solely determined by the Sponsor, will
be disqualified. If disqualified for any tampering or abuses, the Sponsor
reserves the right to terminate entrant’s eligibility to participate in the
Giveaway. In the event any portion of this Giveaway is compromised by virus,
bugs, non-authorized human intervention or other causes beyond the control of
the Sponsor which, in the sole opinion of the Sponsor, corrupts, or impairs the
administration, security, fairness or proper submission of entries, the Sponsor
reserves the right at its sole discretion to suspend, modify or terminate the
Giveaway, and randomly select a winner from entries received prior to the action
taken. All decisions of the Sponsor
on all matters relating to this Giveaway are final.
7.
GENERAL RELEASE:
ENTRANT, BY ENTERING THIS GIVEAWAY, AGREES
THAT: (A) THE SPONSOR AND ITS AFFILIATE COMPANIES, PARENTS, SUBSIDIARIES,
ADVERTISING AND PROMOTION AGENCIES, APPLICABLE SPORTS LEAGUE AND EVENT HOST, AND
ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND
AGENTS (COLLECTIVELY, the “RELeased parties”) WILL HAVE NO LIABILITY WHATSOEVER
FOR, AND SHALL BE HELD HARMLESS BY ENTRANT AGAINST, ANY LIABILITY FOR ANY
INJURIES, LOSSES, DAMAGES, CLAIMS OR ACTIONS OF ANY KIND, INCLUDING without
limitation DEATH, PROPERTY DAMAGE, and claims based on publicity rights,
defamation or invasion of privacy RESULTING IN WHOLE OR IN PART, DIRECTLY OR
INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE OR
PARTICIPATION IN THIS GIVEAWAY OR PARTICIPATION IN ANY GIVEAWAY-RELATED
ACTIVITY; (B) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN
AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET
EXPENSES; (C) ALL 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 (D) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD
SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS’
FEES AND COURT COSTS.
8.
USE OF WINNER’S NAME, LIKENESS, ETC.: Without limitation, except where
legally prohibited, participation in this Giveaway constitutes each
participant’s consent to the extent permitted by law
to the use of his or her name, image, voice, likeness, city
of residence and/or photographs without compensation in any publicity or
advertising carried our in any medium worldwide by the Sponsor
and those acting under its authority
without limitation or further notification.
9.
WINNER’S RESPONSIBILITY:
The winner is solely responsible
for all costs and expenses not specified in these Official Rules.
ALL FEDERAL, STATE, AND
LOCAL TAXES, LICENSE, TITLE AND/OR REGISTRATION FEES OR OTHERS COSTS, ASSOCIATED
WITH WINNING THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. NEITHER THE SPONSOR NOR THOSE ACTING
UNDER ITS AUTHORITY SHALL BE RESPONSIBLE FOR ANY SUCH TAXES, FEES AND COSTS.
10.
WINNER POSTING:
The name of the winner will be posted on the Sponsor’s
website following the receipt by the Sponsor of the Claim Form from the
confirmed winner. In addition,
the name of the winner may be obtained by sending a stamped, self-addressed
envelope between December 7, 2009 and
December 31, 2009 to:
MacKenzie-Childs Ornament Giveaway Winner, c/o
MacKenzie-Childs LLC, 3260 State Route 90,
Aurora, NY 13026. Vermont and Washington residents and
residents of any other states where this requirement is proscribed by law may
omit return postage.
11.
COPYRIGHT/TRADEMARKS:
The Giveaway and all accompanying materials are copyright ©2009
MacKenzie-Childs LLC. All rights reserved.
MacKenzie-Childs
and its logo are registered trademarks or trademarks of
MacKenzie-Childs LLC in the United States or
other countries. All trademarks or
trade names are the property of their respective owners.
12.
MISCELLANEOUS: The
Giveaway and these Official Rules will be governed, construed, and interpreted
under the laws of the State of New York, United States of America, without
regard to conflicts of laws principles.
Entrants consent to be bound by the jurisdiction and venue of the
federal, state and local courts located in Cayuga County, New York for the
resolution of all disputes. Except
with respect to governing law, the Sponsor’s
Terms and Conditions and Privacy Policy apply to the Giveaway; please
review them at
http://www.mackenzie-childs.com/Content/TermsAndConditions/ and
http://www.mackenzie-childs.com/Content/PrivacyPolicy/. Entrants agree to be bound by these
Official Rules and by the decisions of the Sponsor, which are final and binding
in all respects. The Sponsor
reserves the right, in its sole discretion, to change these Official Rules at
any time without notice. All rights
reserved.
All communication with respect to the Giveaway,
including requests to be removed from future Giveaway mailings or promotions,
should be directed to the Sponsor.