REAL TREES, REAL MEMORIES
SWEEPSTAKES OFFICIAL RULES
REAL TREES, REAL MEMORIES SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIOD: The Real Trees, Real Memories Sweepstakes (the “Sweepstakes”) begins at 10:00:00 AM Pacific Time (“PT”) on Friday, November 16, 2018 and ends at 11:59:59 PM PT on Monday, December 24, 2018 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Christmas Tree Promotion Board (the “Sponsor”), FleishmanHillard (the “Agency”), Christmas Tree Promotion Board Members and all contractors using tracking, US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: Take a photo, video or boomerang of your joyful memory-making moment of your fresh Christmas tree (the “Submission”) and submit it through one (1) of the three (3) methods below:
Method #2: Facebook Entry: Participants may enter by visiting www.facebook.com/ItsChristmasKeepItReal and look for a post on the “It’s Christmas. Keep it Real” timeline announcing the Sweepstakes (the “Sweepstakes Post”), like the Sweepstakes Post, upload a photo and leave a comment on the Sweepstakes Post to receive one (1) Sweepstakes Entry. By submitting a Facebook Entry, Entrants agree to Facebooks Terms of Service. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Liking or following the ItsChristmasKeepItReal page on Facebook does not constitute an entry into the Sweepstakes. Entrants understand that they are providing their information to Sponsor and not to Facebook.
Sponsor may not receive entries from Instagram users with “protected” accounts or profiles that are not public (i.e. user has set the Account so that only people the user has approved can view updates). Instagram posts not received by the Sponsor will not be entered into the Sweepstakes. Multiple participants are not permitted to share the same email address, Instagram account or Facebook account. Incomplete Sweepstakes Entries will not be accepted and are void.
Each Sweepstakes Entry must include an original Submission. Sweepstakes Entries submitted with a Submission that has already been submitted or that is substantially the same as a previously submitted Submission, as determined by the Sponsor in its sole discretion, will be disqualified.
Limits of entry:
- There is a limit of one (1) Entry per person per week regardless of method of entry.
- There is a limit of one (1) Entry per unique Submission. Entries submitted with a Submission that has already been submitted to the Sweepstakes will be disqualified.
- There is a limit of one (1) prize per person.
All Sweepstakes Entries must be received between Friday, November 16, 2018 at 10:00:00 AM PT and Monday, December 24, 2018 at 11:59:59 PM PT. All methods of entry have an equal chance of winning. Any additional Entries received from any person within the same week will be void and will be disqualified. For the purposes of this Sweepstakes, a “week” is defined as the seven (7) day time period commencing at 12:00:00 AM PT on Friday and ending at 11:59:59 PM PT on Thursday.
For the avoidance of doubt, uploading a Submission to Instagram or Facebook alone will NOT result in an entry into the Sweepstakes. Once a Sweepstakes Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.
SWEEPSTAKES ENTRY REQUIREMENTS & CONDITIONS: All Sweepstakes Entries must comply with the following minimum guidelines to be eligible:
- Only entries featuring real, natural trees uploaded to the sweepstakes website or posted via public Instagram and Facebook profiles will be accepted.
- Entrant must have express written permission from any individuals that appear in the Submission. If Submission features a minor under the age of majority in his/her state of residence, you must obtain written permission from the minor’s legal guardian.
- Submission submitted via Instagram must include the hashtag #itschristmaskeepitreal #Sweepstakes in the caption or comment.
- Submission must conform to the format and size requirements and limitations of the Sweepstakes Website, Instagram or Facebook.
- Submission cannot contain content that is irrelevant to the purpose of the Sweepstakes.
- Once a Submission has been submitted, it cannot be modified or deleted by Entrant.
- Each submitted Submission must be original.
- No duplicate Submission or substantially similar Submission, as determined by the Sponsor’s in its sole discretion, may be submitted.
- By submitting a Submission taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Submission from the photographer or videographer.
- Entry and Submission cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry and Submission cannot be violent or promote firearms/weapons.
- Entry and Submission cannot promote alcohol, illegal drugs or tobacco.
- Entry and Submission cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry and Submission cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry and Submission cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
- Entry and Submission cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Entry and Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, Instagram and Facebook wish to associate.
- Entry and Submission cannot depict illegal activity and cannot itself be in violation of any law.
- Entry and Submission cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry and Submission may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Submission cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Sweepstakes Entry, Submission, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Sweepstakes Entry, which includes the Submission.
By submitting a Sweepstakes Entry, Sweepstakes Entrant warrants and represents that: (a) Sweepstakes Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Sweepstakes Entrant owns all rights to the Sweepstakes Entry, including without limitation, copyrights, and has received prior written permission from a third party if any Submission was photographed or videoed by someone other than the Sweepstakes Entrant him/herself; and (c) Sweepstakes Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Sweepstakes Entry, or Sweepstakes Entrant’s conduct in creating the Sweepstakes Entry, the acceptance or use of any prize or otherwise in connection with this Sweepstakes.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: There are ten (10) Grand Prizes available to be won. Each Grand Prize winner will receive one (1) $250 Cash Gift Card. The ARV of each Grand Prize is: $250. Total ARV of all prizes is $2,500.
There is a limit of one (1) prize per person. Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWING & WINNER NOTIFICATION: The potential winners will be selected in a random drawing on or about Wednesday, January 2, 2019, from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
In the event a potential prize winner entered via Instagram Entry, such potential prize winner will be notified by Sponsor via direct message and/or Submission comment to his/her public Instagram account (the “Notification”) on or about Thursday, January 3, 2019. To begin the prize claim process, a potential winner must respond as instructed to the Notification with his/her full name, Instagram ID and email address within three (3) days of the Notification. Sponsor or Agency will then notify the Grand Prize winner via email and require confirmation of mailing address and date of birth within three (3) days of the Notification. Any potential prize winner who does not reply to a Notification with the required information and within the specified time period will be disqualified and an alternate winner will be notified.
In the event a potential prize winner entered via Facebook Entry, such potential prize winner will be notified by Sponsor via a public comment to the Sweepstakes Post (the “Notification”). Potential winner must then follow Sponsor on Facebook and Facebook message Sponsor with his/her mailing address and date of birth. Each potential winner must respond to the notification with address and shipping information within three (3) days of notification. Any potential prize winner who does not reply to the Notification with the required information and within the specified time period will be disqualified and an alternate winner will be notified.
In the event a potential prize winner entered via Online Entry, such potential prize winner will be notified by the Agency via email (the “Email Notification”) on or about Thursday, January 3, 2019. If an Email Notification is returned as undeliverable, or if the selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected.
If an Initial Notification, Second Notification or Email Notification is returned as undeliverable, or if the selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected. Prizes will be awarded within approximately 4-6 weeks after winner is verified.
If a winner is otherwise eligible under these Official Rules but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner’s parent or legal guardian who will be required to respond and accept prize on minor’s behalf.
PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.
Winner is responsible for all federal, state, local and income taxes associated with winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, Submission, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Although subsequent attempts to enter in a given weekly period may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, Agency, the Sweepstakes Administrator, Instagram, Facebook and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted by the entrant or the Instagram or Facebook account from which the entry is submitted. Authorized Account Holder means the natural person to whom the e-mail address, Instagram or Facebook account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Livingston County, Michigan and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Howell, Michigan. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Howell, Michigan. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.itschristmaskeepitreal.com/sweeps or send a self-addressed, stamped envelope by January 2, 2019, to: Real Trees, Real Memories Sweepstakes Official Rules Request, 500 Capitol Mall, Suite 1850, Sacramento, CA 95814.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after January 2, 2019) send a stamped, self-addressed envelope (no later than 1/30/19, to: Real Trees, Real Memories Sweepstakes Winner Confirmation Request, 500 Capitol Mall, Suite 1850, Sacramento, CA 95814.
SPONSOR: Christmas Tree Promotion Board, 5659 Crofoot Road, Howell, MI 48843.
Void outside the US, in Puerto Rico, and wherever else prohibited by law.