MacKenzie-Childs Email Signup Monthly Gift Card Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
General
The MacKenzie-Childs Email Signup Monthly Gift Card Giveaway (the “Giveaway”) will begin on the first of each month (commencing September 1, 2019), at 12:01 am Eastern Time (ET) and will end on the last business day. of the respective month, at 11:59:59 pm ET (the “Giveaway Period”). The Giveaway will continue each month unless modified or terminated by the Sponsor in Sponsor's sole discretion.
Before entering the Giveaway, each entrant must review and agree to be bound by these Official Rules as set out below. By entering the Giveaway, entries accept and agree to be bound by the Official Rules, and accept the decisions of the Sponsor as final and binding in all respects.
Sponsor
Giveaway is sponsored by MacKenzie-Childs LLC (the “Sponsor”), 3260 State Route 90, Aurora, New York 13026, and is in no way sponsored, endorsed or administered by, or associated with any social media platform Sponsor operates a handle or site including, without limitation, Facebook, Pinterest, Instagram, Twitter and YouTube. All communication with respect to the Giveaway, including requests to be removed from future Giveaway mailings, should be directed to the Sponsor at the foregoing address (ATTN: Marketing Promotions).
Eligibility
The Giveaway is open only to legal residents of the United States who are at least eighteen (18) years of age or older by the date such person becomes a Member of the email list (as such terms are defined below). The Giveaway is void where prohibited or restricted by law. Anyone participating in the Giveaway or claiming a prize in the Giveaway in violation of these rules will be disqualified.
The Giveaway is not open to the following persons: employees, agents or representatives of the Sponsor, the subsidiaries and affiliates of the Sponsor, or employees, agents or representatives of suppliers providing prizes or other materials or services in connection with this Giveaway, including promotional agencies, (collectively, the “Excluded Individuals”); Immediate family members (parent, child, sibling and spouses of each) of the Included Individuals; and any other persons with whom the Excluded Individuals reside.
How to Enter; Selection of Winners
To enter the Giveaway, entrant must sign up to be a member of Sponsor's customer email list. At such time entrant becomes a Member, Member is automatically entered into the monthly Giveaway.
Winner will be selected in a random drawing from all eligible Members during the Giveaway Period. The drawing will be held on or about the 5th day of the month following the Giveaway Period, by a representative of the Sponsor. There will be one (1) winner drawn from the eligible Members.
All entrants must become Members prior to the close of the Giveaway Period, and must not exit or unsubscribe from the email list prior to the close of the Giveaway Period. Limit of one (1) entry per person during the Giveaway Period. Any person submitting more than one entry may be disqualified.
The Sponsor will notify potential winner by e-mail within five (5) business days of the drawing. In the event the Sponsor is unable to contact a potential winner by e-mail despite reasonable efforts to do so, as determined in the Sponsor's sole discretion, such potential winner's prize will be forfeited and an alternate winner may be chosen by the Sponsor.
The e-mail notification will include a link that contains a copy of a Release and Eligibility Agreement (the “Claim Form”), and other information required to claim the prize. All completed Claim Forms must be received by the Sponsor within five (5) business days of notification by Sponsor (“Submission Deadline”). Notification shall be deemed to occur when the e-mail notification is sent from Sponsor's computer to the potential winner's e-mail address provided during the entry process. All completed Claim Forms become the property of the Sponsor. All Claim Forms will be verified by the Sponsor. In order to claim a prize, each potential winner must complete the Claim Form which includes representations of eligibility, compliance and releases of liability, and a publicity release. Among other things, the submission of the Claim Form 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.
The winner must prove he or she is the qualified winner by presenting identification to the Sponsor (eg, state driver's license; state issued identification card; acceptable valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If a winner cannot prove he or she is the qualified winner, the prize will not be awarded. If a winner declines the prize, another winner may be selected from the eligible entries received.
In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry and the Member account associated with such e-mail. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Interest access provider, online service provider or other organization (eg, business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address and Member account associated with the winning entry.
Prizes/Value of Prizes
One (1) Winner will receive one (1) $250 gift certificate for use at any MacKenzie-Childs retail location or online at https://www.mackenzie-childs.com/. Additional terms and conditions may apply to use of the gift certificates. The approximate retail value of each prize is $250.
Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. Winners may not substitute, assign or transfer Prize or redeem Prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a Prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state, local and other tax liabilities, including but not limited to, sales and use taxes, excise taxes, income and withholding taxes, customs duties, fees and like amounts in connection with a Prize. The Sponsor is not responsible for any such taxes or expenses. A Form 1099 may be submitted to all appropriate taxing authorities.
Odds of Winning
The overall approximate odds of winning depend on the number of eligible entries received and the number of Members during the applicable Giveaway Period.
Winners List
For the names of the Giveaway winners to date in 2018, you may send a self-addressed, stamped envelope to the Sponsor, ATTN: Loyalty and Rewards Program Giveaway, 3260 State Route 90, Aurora, New York 13026, for a list of winners.
Release; Consent to Use Likeness, Voice and Address
By entering the Giveaway, each winner agrees: (a) to abide by these rules and the decisions of the Sponsor, which shall be final and binding in all respects; (b) to release and hold harmless the Sponsor, its subsidiaries and affiliates of the Sponsor and the franchisees and affiliated merchants of each of the foregoing, all prize suppliers, all agents or representatives of the foregoing, including without limitation their advertising and promotional agencies, and each of their respective officers, directors and employees (collectively, the “Released Parties”) from any and all liabilities, liability, loss or damage arising with respect to the Giveaway or the awarding, receipt, possession and/or use or misuse of any Giveaway prize and further acknowledges that none of the foregoing persons have made nor are responsible or liable for any warranty, representation or guarantee a particular purpose thereto, prizes awarded may carry their own product warranty, for which the Released Parties have no responsibility for liability; and (c) to consent to the use of his or her name, image, voice, likeness, city and state of residence and/or photographs without compensation in any publicity or advertising carried out in any medium worldwide by the Sponsor and/or its advertising or promotional agencies without limitation or further notification, and without providing compensation or intellectual property rights to the Entrant, except where prohibited.
General Conditions
Entries that are incomplete, mutilated, altered, reproduced, forged, counterfeited or irregular in any way, are automatically void. The Released Parties are not responsible for the following: (a) lost, late, delayed, illegible, inaudible, stolen, damaged, altered, destroyed, mutilated, misdirected, illegal, incomplete or postage due rule requests, entries or prize claims; (b) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software typographical, mechanical, telephonic, electronic or network relating to or in connection with this Giveaway, including, without limitation, errors which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes, or in any Giveaway-related materials; or any incorrect or inaccurate information, whether caused by site users, tampering, hacking or by any equipment or programming associated with or utilized in the Giveaway.
Entrants may be disqualified if automatic entry software is used in their favor or if Sponsor determines, in its sole discretion, that said Entrant tampered with the entry process or participated in, induced, or caused in any way any false, fraudulent, or improper entry, including, without limitation, offering prizes or other incentives to members of the public, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to select an alternate winner should the entries appear to have been tampered with or manipulated in any way.
Entrants may also be disqualified if the Sponsor learns that the entrant disparages the Sponsor during or after the Giveaway Period. Entrants should be aware that Sponsor reserves the right to take legal action against entrants who commit libel or slander against Sponsor during or after the Giveaway Period.
The Sponsor fully reserves the right, in its sole discretion, to cancel, suspend, terminate or modify the Giveaway if the Giveaway is not capable of being completed as planned, including infection by computer viruses or bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort beyond the reasonable control of the Sponsor, which corrupts or impairs the administration, security, fairness or proper play of this Giveaway.
The Sponsor is not responsible for printing errors in the Giveaway materials or these Official Rules and Regulations. If, due to a production or printing error or other unforeseen error, there are more winners than prizes for any level, the Sponsor reserves the right to award any remaining prizes for that level through a random drawing of all eligible winners for that level. No more than the number of prizes listed herein will be awarded.
No correspondence will be entered into except with potential winners.
By entering the Giveaway and voluntarily providing your personal information as described in these Official Rules and Regulations, you agree to the collection and use of your personal information by the Sponsor and its representatives, promotional agencies and marketing organization for the purpose of administering the Giveaway, Including without limitation contacting entrants in respect of the Giveaway and disclosing the list of winners. Your personal information may be used for future promotions and marketing of the Sponsor as described in Sponsor's Privacy Policy, a copy of which is available at https://www.mackenzie-childs.com/Content/PrivacyPolicy/. If you would like to be excluded from all lists used by the Sponsor for any future promotions and marketing by the Sponsor, you may send a letter requesting that you be removed from such lists to the Sponsor at 3260 State Route 90, Aurora, New York 13026, ATTN: Customer Service
This Giveaway and the terms and conditions contained in these Official Rules and Regulations shall be exclusively governed and constructed in accordance with the laws of the State of New York and the federal laws of the United States of America applicable therein. 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 exclusive jurisdiction and venue shall be in the state or federal courts located in Rochester, New York.
This Giveaway is subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law.
If any one or more provisions of these rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these rules.
MacKenzie-Childs Social Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
General
The MacKenzie-Childs Social Giveaway (the “Giveaway”) will begin on the first day of the giveaway time, at 12:01 am Eastern Time (ET) and will end on the last business day of the respective date, at 11:59 am:59 pm ET (the “Giveaway Period”). Entries that are submitted before or after the Giveaway will be disqualified. Before entering the Giveaway, each entrant must review and agree to be bound by these Official Rules as set out below. By entering the Giveaway, entries accept and agree to be bound by the Official Rules, and accept the decisions of the Sponsor as final and binding in all respects.
Sponsor
Giveaway is sponsored by MacKenzie-Childs LLC (the “Sponsor”), 3260 State Route 90, Aurora, New York 13026, and is in no way sponsored, endorsed or administered by, or associated with any social media platform Sponsor operates a handle or site including, without limitation, Facebook, Pinterest, Instagram, Twitter and YouTube. All communication with respect to the Giveaway, including requests to be removed from future Giveaway mailings, should be directed to the Sponsor at the foregoing address (ATTN: Marketing Promotions).
Eligibility
The Giveaway is open only to legal residents of the United States who are at least eighteen (18) years of age or older by the date such person enters the Giveaway. The Giveaway is void where prohibited or restricted by law. Anyone participating in the Giveaway or claiming a prize in the Giveaway in violation of these rules will be disqualified.
The Giveaway is not open to the following persons: employees, agents or representatives of the Sponsor, the subsidiaries and affiliates of the Sponsor, or employees, agents or representatives of suppliers providing prizes or other materials or services in connection with this Giveaway, including promotional agencies, (collectively, the “Excluded Individuals”); Immediate family members (parent, child, sibling and spouses of each) of the Included Individuals; and any other persons with whom the Excluded Individuals reside.
How to Enter; Selection of Winners
To enter the Giveaway, entrant must follow the brand on Instagram, leave a comment, and like the Giveaway post. At such time the entry is automatically entered into the Giveaway.
Winner will be selected in a random drawing from all eligible entries during the Giveaway Period. The drawing will be held on or about five (5) days from the Giveaway Period, by a representative of the Sponsor. There will be one (1) winner drawn from the eligible Members.
All entrants must follow the brand on Instagram prior to the close of the Giveaway Period, and must not exit or unfollow from the channel prior to the close of the Giveaway Period.
The Sponsor will notify potential winner by e-mail within five (5) business days of the drawing. In the event the Sponsor is unable to contact a potential winner by e-mail despite reasonable efforts to do so, as determined in the Sponsor's sole discretion, such potential winner's prize will be forfeited and an alternate winner may be chosen by the Sponsor.
The e-mail notification will include a link that contains a copy of a Release and Eligibility Agreement (the “Claim Form”), and other information required to claim the prize. All completed Claim Forms must be received by the Sponsor within five (5) business days of notification by Sponsor (“Submission Deadline”). Notification shall be deemed to occur when the e-mail notification is sent from Sponsor's computer to the potential winner's e-mail address provided during the entry process. All completed Claim Forms become the property of the Sponsor. All Claim Forms will be verified by the Sponsor. In order to claim a prize, each potential winner must complete the Claim Form which includes representations of eligibility, compliance and releases of liability, and a publicity release. Among other things, the submission of the Claim Form 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.
The winner must prove he or she is the qualified winner by presenting identification to the Sponsor (eg, state driver's license; state issued identification card; acceptable valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If a winner cannot prove he or she is the qualified winner, the prize will not be awarded. If a winner declines the prize, another winner may be selected from the eligible entries received.
In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry and the Member account associated with such e-mail. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Interest access provider, online service provider or other organization (eg, business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address and Member account associated with the winning entry.
Prizes/Value of Prizes
One (1) Winner will receive a prize of the MacKenzie-Childs choosing. The approximate retail value of the prize is no more than $1,500.
Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. Winners may not substitute, assign or transfer Prize or redeem Prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a Prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state, local and other tax liabilities, including but not limited to, sales and use taxes, excise taxes, income and withholding taxes, customs duties, fees and like amounts in connection with a Prize. The Sponsor is not responsible for any such taxes or expenses. A Form 1099 may be submitted to all appropriate taxing authorities.
Odds of Winning
The overall approximate odds of winning depend on the number of eligible entries received and the number of entrants during the applicable Giveaway Period.
Winners List
For the names of the Giveaway winners to date in 2018, you may send a self-addressed, stamped envelope to the Sponsor, ATTN: Loyalty and Rewards Program Giveaway, 3260 State Route 90, Aurora, New York 13026, for a list of winners.
Release; Consent to Use Likeness, Voice and Address
By entering the Giveaway, each winner agrees: (a) to abide by these rules and the decisions of the Sponsor, which shall be final and binding in all respects; (b) to release and hold harmless the Sponsor, its subsidiaries and affiliates of the Sponsor and the franchisees and affiliated merchants of each of the foregoing, all prize suppliers, all agents or representatives of the foregoing, including without limitation their advertising and promotional agencies, and each of their respective officers, directors and employees (collectively, the “Released Parties”) from any and all liabilities, liability, loss or damage arising with respect to the Giveaway or the awarding, receipt, possession and/or use or misuse of any Giveaway prize and further acknowledges that none of the foregoing persons have made nor are responsible or liable for any warranty, representation or guarantee a particular purpose thereto, prizes awarded may carry their own product warranty, for which the Released Parties have no responsibility for liability; and (c) to consent to the use of his or her name, image, voice, likeness, city and state of residence and/or photographs without compensation in any publicity or advertising carried out in any medium worldwide by the Sponsor and/or its advertising or promotional agencies without limitation or further notification, and without providing compensation or intellectual property rights to the Entrant, except where prohibited.
General Conditions
Entries that are incomplete, mutilated, altered, reproduced, forged, counterfeited or irregular in any way, are automatically void. The Released Parties are not responsible for the following: (a) lost, late, delayed, illegible, inaudible, stolen, damaged, altered, destroyed, mutilated, misdirected, illegal, incomplete or postage due rule requests, entries or prize claims; (b) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software typographical, mechanical, telephonic, electronic or network relating to or in connection with this Giveaway, including, without limitation, errors which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes, or in any Giveaway-related materials; or any incorrect or inaccurate information, whether caused by site users, tampering, hacking or by any equipment or programming associated with or utilized in the Giveaway.
Entrants may be disqualified if automatic entry software is used in their favor or if Sponsor determines, in its sole discretion, that said Entrant tampered with the entry process or participated in, induced, or caused in any way any false, fraudulent, or improper entry, including, without limitation, offering prizes or other incentives to members of the public, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to select an alternate winner should the entries appear to have been tampered with or manipulated in any way.
Entrants may also be disqualified if the Sponsor learns that the entrant disparages the Sponsor during or after the Giveaway Period. Entrants should be aware that Sponsor reserves the right to take legal action against entrants who commit libel or slander against Sponsor during or after the Giveaway Period.
The Sponsor fully reserves the right, in its sole discretion, to cancel, suspend, terminate or modify the Giveaway if the Giveaway is not capable of being completed as planned, including infection by computer viruses or bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort beyond the reasonable control of the Sponsor, which corrupts or impairs the administration, security, fairness or proper play of this Giveaway.
The Sponsor is not responsible for printing errors in the Giveaway materials or these Official Rules and Regulations. If, due to a production or printing error or other unforeseen error, there are more winners than prizes for any level, the Sponsor reserves the right to award any remaining prizes for that level through a random drawing of all eligible winners for that level. No more than the number of prizes listed herein will be awarded.
No correspondence will be entered into except with potential winners.
By entering the Giveaway and voluntarily providing your personal information as described in these Official Rules and Regulations, you agree to the collection and use of your personal information by the Sponsor and its representatives, promotional agencies and marketing organization for the purpose of administering the Giveaway, Including without limitation contacting entrants in respect of the Giveaway and disclosing the list of winners. Your personal information may be used for future promotions and marketing of the Sponsor as described in Sponsor's Privacy Policy, a copy of which is available at https://www.mackenzie-childs.com/Content/PrivacyPolicy/. If you would like to be excluded from all lists used by the Sponsor for any future promotions and marketing by the Sponsor, you may send a letter requesting that you be removed from such lists to the Sponsor at 3260 State Route 90, Aurora, New York 13026, ATTN: Customer Service
This Giveaway and the terms and conditions contained in these Official Rules and Regulations shall be exclusively governed and constructed in accordance with the laws of the State of New York and the federal laws of the United States of America applicable therein. 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 exclusive jurisdiction and venue shall be in the state or federal courts located in Rochester, New York.
This Giveaway is subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law.
If any one or more provisions of these rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these rules.
MACKENZIE-CHILDS 2025 MONTHLY TEA KETTLE GIVEAWAY OFFICIAL RULES
General
The MacKenzie-Childs 2025 Monthly Tea Kettle Giveaway (the “Giveaway”) will begin on January 1, 2025, at 12:01 a.m. Eastern Time (ET) and continue each month until terminated at the discretion of Sponsor (the “Giveaway Period”). Entries must be received by 12:00 p.m. ET on the last day of each month during each Giveaway Period to be eligible for that month’s Drawing.
Before entering the Giveaway, each entrant (“Entrant”) must review and agree to be bound by these Official Rules as set out below. By entering the Giveaway, Entrants accept and agree to be bound by the Official Rules and accept the decisions of the Sponsor as final and binding in all respects. Sponsor’s computer will serve as the official time keeping device for this Giveaway.
Sponsor
Giveaway is sponsored by MacKenzie-Childs LLC with an address at 3260 State Route 90, Aurora, New York 13026 (the “Sponsor”), and is in no way sponsored, endorsed, or administered by, or associated with any social media platform, including, but not limited to, Meta (formerly Facebook), Instagram, X (formerly Twitter), or Pinterest.
Eligibility
The Giveaway is open only to legal residents of the United States and the District of Columbia (excluding Rhode Island) who are at least eighteen (18) years of age or the age of majority required by their state of residence, whichever greater, as of January 1, 2025, and who have a valid email address and phone number. The Giveaway is void where prohibited or restricted by law. Anyone participating in the Giveaway or claiming a prize in the Giveaway in violation of these Official Rules will be disqualified.
The Giveaway is not open to the following persons: employees, agents or representatives of the Sponsor, the subsidiaries and affiliates of the Sponsor, or employees, agents or representatives of suppliers providing prizes or other materials or services in connection with this Giveaway, including promotional agencies (collectively with the Sponsor, the “Giveaway Entities”); immediate family members (parent, child, sibling and spouses of each) of the Giveaway Entities; and any other persons with whom the Giveaway Entities reside.
How to Enter; Selection of Winners
To enter the Giveaway, an Entrant must sign up to be a member of Sponsor’s customer email list (“Member”) during the Giveaway Period by clicking here: https://www.mackenzie-childs.com/giveaway.html. New and old Members may enter the Giveaway during the Giveaway Period using the foregoing link. All Entrants must not exit or unsubscribe from the email list prior to the close of the Giveaway Period. Limit of one (1) entry per month for each Member during each Giveaway Period. Any Entrant submitting more than one entry may be disqualified.
One (1) winner will be selected by random drawing from all eligible entries received during each Giveaway Period (each a "Potential Winner"). The selection will be held on or around the last day of each month by a representative of the Sponsor (the “Drawing”). All decisions made by the Sponsor regarding the Giveaway are made in the Sponsor's sole discretion and are final in all respects.
The Sponsor will notify each Potential Winner by the last Member e-mail provided herein within five (5) business days of the Drawing. Failure of Potential Winner to respond to such notification within 24 hours will result in disqualification of Potential Winner and an alternate potential winner will be selected (each an “Alternate Potential Winner”). Alternate Potential Winner shall be contacted via email as soon as practicable and shall also have 24 hours to respond.
An Entrant is not a winner of any prize unless and until such Entrant’s eligibility has been verified (which may require an Entrant’s execution and return of an Affidavit of Eligibility and Publicity and Liability Release consistent with the terms herein within five (5) business days of Sponsor’s provision or notification, and as determined in the Sponsor’s sole discretion) and the Entrant has been notified verification is complete ("Winner"). The Winners may be announced on Sponsor’s selected social media platform(s), which may include Meta, Instagram, Threads, TikTok, X, or Pinterest, per the timetable above.
In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry and the Member account associated with such e-mail. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The Potential Winner or Alternate Potential Winner may be required to provide the Sponsor with proof that the Potential Winner or Alternate Potential Winner is the authorized account holder of the e-mail address and Member account associated with the winning entry.
Prizes/Value of Prizes
One (1) Winner from each Drawing will each receive one (1) of Sponsor’s Tea Kettles, including the Courtly Check Tea Kettle, Sterling Check Tea Kettle, etc., the exact type, size, and pattern to be determined in Sponsor’s sole discretion (each a “prize”). Additional terms and conditions may apply. The estimated retail value of each prize will range between $159.95 and $199.95 USD; the total estimated retail value will depend on how many Drawings are conducted before the conclusion of the Giveaway.
Each prize is awarded “as is” with no warranty or guarantee of any kind, either express or implied, in fact or in law, relative to the use of any prize, or if applicable, any prize components, including without limitation, quality, merchantability, or fitness for a particular purpose by the Giveaway Entities. Further, no responsibilities are accepted for any additional expenses, omissions, delays or acts of government or authority. A Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Any applicable federal, state, and local taxes and liabilities arising from this Giveaway, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of each Winner. Each Winner shall provide, upon Sponsor’s request, all available information that Sponsor may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Each Winner acknowledges that Sponsor will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099 and W-9.
Odds of Winning
The overall approximate odds of winning the prizes depend on the number of eligible entries received during the Giveaway Period.
Winner List
For thirty (30) days after each Giveaway Period, you may also send an email to customerservice@mackenzie-childs.com for the names of the Winners. In the subject of the email, type the following with the specific month and year you are inquiring about- “2025 MONTHLY TEA KETTLE GIVEAWAY- [MONTH, YEAR] Winner’s List.” No correspondence will be entered into except as provided herein and in these Official Rules.
Release; Consent to Use Likeness, Voice, and Address; Publicity
Except where prohibited by law, by entering the Giveaway or agreeing to accept a prize or accepting a prize, each Entrant and/or Member, hereby irrevocably and exclusively grants to the Giveaway Entities, and their licensees, affiliates, and assigns (collectively, the “Licensed Parties”), an irrevocable, royalty-free and fully paid up right and license (but not obligation) to use the Entrant’s content in connection with the Giveaway, including but not limited to, the entries and content featuring or utilizing any prize, as well as each’s name, social media handles, photograph, likeness, statements, voice, and biographical information therein or thereto (collectively, the “Materials”), throughout the universe, in perpetuity in any and all media, whether now or hereafter known or devised, for any and all purposes, including but not limited to commercial or advertising purposes, without review, credit, permission, or further compensation or consideration. Without limitation, each Entrant and Member (hereby “Entrant” for all purposes hereafter) understands and agrees that the rights granted herein include reproduction and/or exploitation of the Materials or derivatives thereto, in whole or in part, in any media throughout the world, in perpetuity and throughout the universe as may be conferred upon the Licensed Parties under all applicable laws, regulations, or directives. Entrant hereby irrevocably waives all so-called “moral rights of authors” and “droit moral” rights (and any similar rights under the laws of any country of the world) in connection with the Materials and exploitation of any nature.
Release; Limitation of Liability
This Giveaway is subject to all applicable federal, state and local laws of the United States. By participating, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any and all right to claim ambiguity in the Giveaway or these Official Rules or that your publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless the Licensed Parties, any third party platforms utilized in connection with the Giveaway, including but not limited to Instagram, Meta (formerly Facebook), X (formerly Twitter), and Pinterest, and each of their respective officers, directors, employees, representatives and agents (collectively all of the foregoing, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any prize. Sponsor may rescind any aspect of the Giveaway found to contain such errors without liability at its sole discretion. The Released Parties are not responsible for: (i) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (ii) technical failures of any kinds; (iii) failures of any of the equipment or programming associated with or utilized in the Giveaway; (iv) unauthorized human and/or mechanical intervention in any part of the entry process or the Giveaway; (v) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Giveaway or receipt or use of any prize. 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 Giveaway. If for any reason this Giveaway is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Giveaway and to select Potential Winners from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable.
Entrants may also be disqualified if the Sponsor learns that the Entrant disparages the Sponsor during or after the Giveaway Period. Entrants should be aware that Sponsor retains the right to take legal action against Entrants who commit libel or slander against Sponsor during or after the Giveaway Period.
To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Giveaway and shall not include any indirect, punitive, incidental and/or consequential damages.
Applicable Laws and Jurisdiction
This Giveaway is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Giveaway shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All disputes arising out of or connected with this Giveaway will be resolved individually, and without resort to class action, exclusively by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, in a county in New York designated by Sponsor. The arbitrator shall be an expert in the field of intellectual property law and marketing. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Terms and Conditions and Privacy Policy
By entering this Giveaway, you acknowledge and agree that: (i) you have opted-in to Sponsor’s Terms & Conditions and Privacy Policy as amended from time to time, copies which are available at https://www.mackenzie-childs.com/terms.html and https://www.mackenzie-childs.com/privacy-policy.html and https://www.mackenzie-childs.com/california-privacy-notice.html, respectively; and (ii) by opting-in, you have read and consent to the foregoing. Each Entrant further acknowledges that if he/she/they is chosen as a winner, certain of his/her/their identifying information may be disclosed to third parties as required by law, including, without limitation, on a winner’s list. You may opt out as provided therein.
Severability
If any one or more provisions of these rules are held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.