1. NO PURCHASE NECESSARY TO WIN: A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Odds of winning depend upon the number of eligible entries received.
2. TIMING: This promotion (the “Promotion”) will begin on November 1, 2017 and end on December 18, 2017 at 11:59 PM New York time (the “Promotion Period”).
3. ELIGIBILITY: The Promotion is open to all legal residents of the 50 United States, the District of Columbia, or Canada (excluding residents of the Province of Quebec) who are at least 18 years of age as of the date of entry and who are physically located and residing in one of the 50 United States, the District of Columbia, or Canada, excluding the Province of Quebec. Employees, officers, and directors of Crabtree & Evelyn, Ltd., C & E Canada Inc. and their various parent, affiliate, and subsidiary companies (“Releasees”) as well as the immediate family (spouse, parent, sibling, and children, regardless of where they reside) and members of the household (whether related or not) of each such employee, officer, and director are not eligible to enter or win the Promotion. The Promotion is void where prohibited by law, regulation, or statute and is subject to all applicable federal, provincial, state, and local laws.
4. SPONSORSHIP AND ADMINISTRATION: Crabtree & Evelyn, Ltd., 102 Peake Brook Rd., Woodstock, CT 06281 is the sponsor of the Promotion (“Sponsor”). By participating, you understand that you are providing your information to the Sponsor. Sponsor will be responsible for administering the Promotion, interpreting the Official Rules, and resolving any disputes arising in connection with the Promotion. All decisions by Sponsor regarding the Promotion shall be final and binding in all respects.
5. HOW TO ENTER: To enter the promotion you must post a story or image on social media and include the hashtags #myholidaymoment and #crabtreeandevelyn. Any other form of entry is void. There is not a limit on the number of entries during this promotional period. Entries made through the use of any agent, script, macro, or other device or artifice will be disqualified. Incomplete information may result in disqualification of the entry. Each entry becomes the property of Sponsor and cannot be returned. In case of a dispute over the identity of an entrant, the authorized account holder of the social media account used to enter will be deemed to be the entrant.
6. WINNER SELECTION AND NOTIFICATION: Each week during the contest time period, a winner will be chosen and given a Crabtree & Evelyn a storied gift – Weekly price value ranges from $40 - $50 per gift. Winners will be selected randomly from among the eligible entries submitted during the Promotion Period. Winning is subject to verification of eligibility.
Sponsor will contact the potential Winner via the social media channel they entered through. As a condition of receiving a prize, the potential Winner must respond to such notice within five days of the date Sponsor issued the notice and the potential Winner may be required toign and return within those same 5 days an Affidavit of Eligibility, a Liability Release, and, where legally permissible, a Publicity Release. If a response is not received within that time period or the potential Winner is found to be ineligible or in violation of these Official Rules, then the potential Winner will be disqualified. If a potential Winner is disqualified for any reason the Sponsor may (but is not obligated to) randomly select an alternate Winner from all remaining eligible entries or declare that no prize will be awarded that day.
By entering this contest and using hashtags #myholidaymoment and #crabtreeandevelyn, you are granting Crabtree & Evelyn, its subsidiaries, agents and affiliates, the unlimited worldwide, perpetual unending right to use, reproduce, distribute, and convey your image/photograph in any format now known or subsequently developed, to modify and edit the image/photograph, to combine the image/photograph with other images, video, audio, text and other media, to create derivative works incorporating, including or based on the image/photograph. This grant shall be constituted broadly. Crabtree & Evelyn will feature the winning images/stories on their website and social media channels.
7. PRIZES: The Winner will receive a storied gift. Prize value between $40 and $50.
8. PRIZE CONDITIONS: Prizes are non-transferable, non-assignable, non-negotiable, and no cash alternatives will be offered. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Sponsor reserves the right to substitute the Prize for one of equal or greater value if the designated Prize should become unavailable for any reason. Any expenses or costs associated with the Prize, including but not limited to taxes, are the sole responsibility of the individual Winner. Sponsor reserves the right to give out fewer prizes, if, in its sole discretion, it does not receive a sufficient number of eligible Entries. Allow 4-6 weeks for Prize delivery.
9. INDEMNFICATION: By entering, you agree to defend and indemnify Releasees from all claims, demands, losses and liabilities arising out of or relating to your participation in the Promotion or acceptance, use, or misuse of any prize awarded.
10. RELEASE: By entering, you release and discharge Releasees and Instagram from any and all claims, demands, losses, and liabilities arising out of or relating to (a) the use of the Entry as permitted by these Official Rules, including losses and liabilities relating to rights of privacy, rights of publicity, false light, false endorsement, defamation, or copyright, trademark, or other intellectual property rights, and (b) personal injury, death, or damage to or loss of property arising out of participation in the Promotion or acceptance, use, or misuse of any prize awarded.
11. DISCLAIMER AND LIMITATION OF LIABILITY: You agree Releasees will not be held liable for loss or liability of any kind arising in connection with participation in the Promotion. Participation in the Promotion implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for consulting, querying, or transferring information, the lack of protection of certain data against possible misuse, the risk of contamination by viruses circulating on the network, the risk of disruption or network congestion and data loss. Releasees are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability for you to enter a submission to the Promotion, including any injury or damage to your or any other person's computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion. Releasees are not responsible for any error or problem that may occur in connection with the administration of the Promotion, the processing of Promotion entries, the announcement or the awarding of the prizes, any errors in administration, notification or fulfillment, or in any Promotion-related materials. Entrants agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relating to the Promotion or any prize.
12. GENERAL TERMS: By entering the Promotion, you acknowledge that you have read, understand, and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor relating to administering the Promotion, interpreting the Official Rules, and resolving any disputes arising in connection with the Promotion, which decisions shall be final and binding. Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend, or modify the Promotion at any time without notice if the Promotion is not capable of being run as planned or there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if a virus, bug, non-authorized human intervention, or other cause corrupts or impairs the administration, security, fairness, or integrity of the Promotion. If the Promotion is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Promotion, or to disqualify participants residing in the affected geographic areas and the Releasees shall have no liability to participants who are disqualified due to such an action. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities, or other event outside the control of Sponsor will not be considered a breach of these Official Rules.
13. PRIVACY: Personally identifiable information you submit in connection with the Sweepstakes will be collected, used and disclosed only for the purposes of administering the Sweepstakes, prize fulfillment, as you otherwise expressly consent or as required by law. By entering the Sweepstakes, you consent to such collection, use and disclosure.
14. PUBLICITY: Except where prohibited, participation in the Promotion constitutes Winner’s consent to Sponsor’s and its agents’ use each of Winner’s name, likeness, photograph, and address for promotional purposes in any media, worldwide, without further payment consideration, or notification.
15. DISPUTES AND CHOICE OF LAW: Except where prohibited, by entering you agree that (a) any and all disputes arising out of or connected with the Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action and (b) the remedy for any and all claims shall be limited to actual out-of-pocket damages incurred and in no event shall any party be entitled to recover punitive, exemplary, or consequential damages or attorney’s fees or to rescind this agreement and seek injunctive or other equitable relief. By entering, you agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Releasees in connection with the Promotion shall be governed by and construed in accordance with the substantive laws of the state of Connecticut, without regard to its or any other state’s conflicts or choice of law rules. You agree that the state or federal courts located in Hartford, Connecticut shall be the exclusive forum for any formal dispute resolution and you waive any defense of forum non conveniens.
16. PHOTOGRAPH RESTRICTIONS: Photographs submitted as part of the entry must have been taken by you and you must have permission from every person in the photograph authorizing you to submit the photograph for use as provided in these Official Rules. Photographs taken by a professional photographer for compensation and photographs with watermarks are not eligible. If participants include with their Entry any photograph that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that violates any intellectual property rights or laws or denigrates or disparages the Releasees or otherwise does not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, the entry will be rejected as ineligible.
17. SKILLS TEST: Any potential winner from Canada must answer a time-limited mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered by telephone at a time specified by Sponsor. Failure to answer skill-testing question correctly in the time provided will result in disqualification and selection of an alternate winner, at Sponsor's sole discretion.
18. LIST OF WINNERS: For a list of the names of all winners, available approximately two weeks after the end of the Promotion Period, write to: Crabtree & Evelyn, Ltd., 102 Peake Brook Road, Woodstock, CT 06281 USA, Attn: Marketing Department and include a self-addressed stamped envelope.