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 a.m. Eastern Time (ET) and will end on the last business day of the respective month, at 11:59:59 p.m. 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, 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

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 Excluded 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 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 acceptable to the Sponsor (e.g., state driver’s license; state issued identification card; 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 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 (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 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 express 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 claims, liability, loss or damage whatsoever 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 of 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 inducements 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 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.

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 the 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, 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 Text 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 Text Signup Monthly Gift Card Giveaway (the “Giveaway”) will begin on the first of each month (commencing November 1, 2019), at 12:01 a.m. Eastern Time (ET) and will end on the last business day of the respective month, at 11:59:59 p.m. 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, 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

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 text 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 Excluded 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 text 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 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 text 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 and/or text message within five (5) business days of the drawing. In the event the Sponsor is unable to contact a potential winner by e-mail and/or text message 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 and/or text message 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 and/or text message notification is sent from Sponsor’s computer to the potential winner’s e-mail address or phone number 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 acceptable to the Sponsor (e.g., state driver’s license; state issued identification card; 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 mobile phone number submitted at time of entry and the Member account associated with such mobile phone number. An authorized account holder is defined as the natural person who is assigned to the mobile phone number by a service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning mobile phone numbers. The potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the mobile phone number 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 express 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, 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 claims, liability, loss or damage whatsoever 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 of 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 inducements 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 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.

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 the 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, 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 a.m. Eastern Time (ET) and will end on the last business day of the respective date, at 11:59:59 p.m. 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, 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

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 Excluded 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 entrant is automatically entered into the Giveaway.

Winner will be selected in a random drawing from all eligible entrants 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 acceptable to the Sponsor (e.g., state driver’s license; state issued identification card; 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 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 (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 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 express 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 claims, liability, loss or damage whatsoever 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 of 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 inducements 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 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.

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 the 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, 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 Rosy Check Tea Kettle 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 Rosy Check Tea Kettle Giveaway (the “Giveaway”) will begin on Monday, March 11, 2024, at 12:00 a.m. Eastern Time (ET) and will end on Sunday, March 17, 2024, at 11:59 p.m. ET (the “Giveaway Period”).

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, 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

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 network including (but not limited to) Facebook, Instagram, Twitter, or Pinterest. 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 Sunday, March 17, 2024. 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 Excluded 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.

Twelve (12) winners will be selected from all eligible entries received during the Giveaway Period. The selection will be held on or around Tuesday, March 18, 2024, by a representative of the Sponsor. The twelve (12) winners will be chosen at random.

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 acceptable to the Sponsor (e.g., state driver’s license; state issued identification card; 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 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 (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 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

Twelve (12) winners will each receive one (1) Rosy Check 2 Quart Tea Kettle. The approximate total retail value of the prize is $149.00.

Prize is awarded “as is” with no warranty or guarantee, either express 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. 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 during the Giveaway Period.

Winner List

For the names of the Giveaway winners, you may send an email to customerservice@mackenzie-childs.com.

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 claims, liability, loss or damage whatsoever 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 of 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 inducements 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 retains 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 the 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, 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.