SMARTWOOL LUCAS BEAUFORT SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED.
The Smartwool Lucas Beaufort Sweepstakes (the “Sweepstakes”) is offered only in the 50 states of the United States and the District of Columbia (the “Territory”) and is open only to legal residents of the Territory who, as of date of entry, are at least 18 years of age. If you do NOT reside in the Territory or are otherwise ineligible, do NOT attempt to enter the Sweepstakes. Void outside the Territory and where prohibited by law.
By participating, entrants accept and agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects and are not subject to appeal.
Sponsor: Smartwool, a division of VF Outdoor, LLC, 3495 Airport Circle, Steamboat Springs, CO 80487
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or other participating social media platforms.
1. ELIGIBILITY. Employees, officers and directors and their immediate family members (parents, children, siblings, spouse) wherever they may live and others living in their same household (whether related or not) of Smartwool, a division of VF Outdoor, LLC (“Sponsor”), its parent company, subsidiaries, affiliates; marketing, advertising, promotion or other agencies; Mr. Lucas Beaufort’s management/representation; and independent contractors involved in any way in the development, distribution or conduct of the Sweepstakes are not eligible to enter the Sweepstakes or win the prize.
2. SWEEPSTAKES SCHEDULE. Sweepstakes begins on February 15, 2020 at 8:00 a.m. Mountain Time (MT) and ends on February 29, 2020 at 11:59 p.m. MT (“Sweepstakes Period”). Sponsor’s computer is the official clock for all purposes of the Sweepstakes.
3. HOW TO ENTER.
(a) Base Entry
During Sweepstakes Period, go to https://www.smartwool.com/lucas-beaufort-sweepstakes.html (“Website”) and click on the Sweepstakes banner to access the official entry form; or, Facebook users can click on the Sweepstakes ad which will take them to the official entry form.
Complete and submit the entry form with all required information (i.e., your name, e-mail address, zip code and date of birth) to receive a base entry.
(b) Bonus Entry
Persons who receive a base entry via the Website may use the provided link to share the Sweepstakes with their friends on Facebook, their followers on Twitter, or their contacts on other participating social media platforms. For each individual who is eligible for and enters the Sweepstakes using the provided link, a person will receive one (1) bonus entry. (Persons who receive a base entry via the Facebook ad will not be provided with the link whereby they can receive bonus entries.)
All entries must be received/recorded by February 29, 2020 at 11:59 p.m. MT.
4. ENTRY RESTRICTIONS.
Limit one (1) base entry per person on the Website and one (1) base entry via Facebook, for a maximum of two (2) base entries in total. (A given person may only use one (1) e-mail address in conjunction with Sweepstakes participation.) Limit of two (2) bonus entries per person, for a maximum of four (4) entries in total per person. To receive bonus entries, a person must first have received a base entry on the Website. Should more than one (1) base entrant share the Sweepstakes with the same person who thereafter enters the Sweepstakes, such referred person's Sweepstakes entry will only result in one (1) bonus entry which will be credited to the base entrant whose shared Sweepstakes link that was first used by the referred person to enter the Sweepstakes (as determined by Sponsor in its sole discretion). Should the same base entrant share the Sweepstakes with the same referred person via multiple methods (e.g., Facebook and Twitter), such base entrant may receive a maximum of one (1) bonus entry by sharing the Sweepstakes with such person.
Use of any artifice or device to violate the limit on the number of base entries, to artificially inflate the number of bonus entries received or to manipulate the number of bonus entries received will result in all entries being declared void, disqualification from this Sweepstakes and possible prohibition from participating in future sweepstakes and contests sponsored by Smartwool.
Persons who participate in the Sweepstakes via mobile device will be solely responsible for wireless Internet access charges and other fees imposed by their wireless carrier. Not all mobile devices feature appropriate technology for Sweepstakes participation; wireless Internet access may not be available in all areas.
BE SURE TO ONLY SHARE THE SWEEPSTAKES WITH PERSONS WHO ARE ELIGIBLE (GENERALLY, WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES/DISTRICT OF COLUMBIA, 18 OR OVER) AND WHO YOU BELIEVE ARE INTERESTED IN SMARTWOOL PRODUCTS AS WELL AS THE SWEEPSTAKES.
WHEN SHARING THE SWEEPSTAKES, YOU MUST USE THE PROVIDED LINK IN ITS ORIGINAL FORM. IF THE LINK HAS BEEN MODIFIED IN ANY WAY, YOU WILL NOT RECEIVE A BONUS ENTRY FOR SUCH SHARING EVEN IF THE SHARING IS OTHERWISE EFFECTED IN FULL ACCORDANCE WITH THESE OFFICIAL RULES. VIOLATION OF THIS REQUIREMENT MAY ALSO RESULT IN DISQUALIFICATION FROM THE SWEEPSTAKES AND POSSIBLE PROHIBITION FROM PARTICIPATING IN FUTURE SWEEPSTAKES AND CONTESTS SPONSORED BY SMARTWOOL.
Receipt of base entries will be acknowledged and receipt of bonus entries may be acknowledged as well. But, in all cases, such acknowledgment shall not constitute any representation as to Sweepstakes eligibility nor is it otherwise binding upon Sponsor.
Proof of transmission of official entry form does not constitute proof of receipt or proof of (base) entry. As set forth above, proof of sharing Sweepstakes link with another person does not constitute proof of receipt of bonus entry.
In the event of dispute as to ownership of a base entry, entry shall be deemed made by the authorized owner of the e-mail account provided on the official entry form. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses, as determined by Sponsor in its sole discretion.
In the event of a dispute as to being credited for a bonus entry, Sponsor shall determine in its sole discretion the base entrant to be credited with that bonus entry (if any).
Entries must be manually key-stroked by entrant; use of programmed, robotic or like means to enter or share the Sweepstakes with others is prohibited.
5. WINNER SELECTION & NOTIFICATION.
Grand Prize Winner will be selected in a random drawing from among all eligible entries (base entries and bonus entries) received. The drawing will be conducted by Sponsor on or about March 10, 2020.
Potential Grand Prize winner will be notified via e-mail. Potential Grand Prize winner will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) as a condition of prize award. Potential Grand Prize winner must return the completed and signed Affidavit within (5) business days of date of notification. Failure to comply with this requirement, return of prize notification as undeliverable for any reason (e.g., e-mail message to potential Grand Prize winner to which no response is timely received, including but not limited to filtering/classification of e-mail as “SPAM”), or if potential Grand Prize winner is determined to be ineligible or otherwise in violation of these Official Rules will result in prize forfeiture without compensation and selection of alternate winner from among all remaining eligible entries received.
6. PRIZE/ODDS OF WINNING.
Grand Prize (1) – Set of two (2) original 4’x4’ canvas paintings by artist Lucas Beaufort (and signed by Lucas Beaufort); Smartwool® apparel package (winner to choose from menu of currently available Smartwool® items determined by Sponsor in its sole discretion; value of apparel package is up to $500 but not in excess thereof; should Smartwool® items chosen by winner be less than $500 in value, winner will not receive the difference in cash or otherwise). Total Approximate Retail Value: $8500. (Approximate Retail Value does not reflect re-sale value of Lucas Beaufort paintings. If actual value is less than Approximate Retail Value, winner will not receive the difference in cash or otherwise.)
Odds of winning depend on the total number of eligible entries received for the random drawing.
7. PRIZE RESTRICTIONS.
Smartwool® items comprising Smartwool® apparel package may be subject to availability as to style, size, color and perhaps other restrictions. Actual prize elements may differ from those in Sweepstakes advertising and Sponsor disclaims any and all liability in conjunction therewith. Prize will only be shipped to a street address in the Territory and must be accepted in its entirety or not at all. Specific prize elements may be shipped separately. Prize is not redeemable/exchangeable for cash. All unspecified expenses relative to acceptance and/or use of prize (e.g., insurance on Lucas Beaufort paintings) and any applicable taxes on the value of the prize are the winner’s sole responsibility. Sponsor will report Grand Prize winner’s receipt of prize and its fair market value to the Internal Revenue Service via IRS 1099 Tax Form; and, Grand Prize winner agrees to fully cooperate with Sponsor relative to such tax reporting requirement, including provision of their Social Security Number. Prize is not transferable except with the written permission of Sponsor which may be granted or withheld in its sole discretion and without liability of any kind. No prize substitution, except at Sponsor’s sole discretion due to unavailability of prize/prize element for any reason and only then for prize/prize element of comparable value.
8. ADDITIONAL CONDITIONS OF PARTICIPATION.
By accepting prize, except where prohibited by law, winner agrees to the use of his/her name, address (city, state), likeness, photograph, other indicia of persona and/or statements made by winner regarding the prize, the Sweepstakes or the Sponsor for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice; and, winner further agrees to confirm such grant of rights in writing upon Sponsor's request and without further compensation.
BY PARTICIPATING, ENTRANT INDEMNIFIES, RELEASES AND AGREES TO HOLD HARMLESS SMARTWOOL, A DIVISION OF VF OUTDOOR, LLC, ITS PARENT, AFFILIATES AND SUBSIDIARIES, AND THE DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUCCESSORS AND ASSIGNS OF ANY OF THE ABOVE ORGANIZATIONS; LUCAS BEAUFORT’S MANAGEMENT/REPRESENTATION; MR. LUCAS BEAUFORT PERSONALLY; ; AS WELL AS FACEBOOK, TWITTER AND OTHER SOCIAL MEDIA PLATFORMS (“RELEASED ENTITIES”) FROM ANY AND ALL LIABILITY ARISING FROM PARTICIPATING IN THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED ACTIVITY AND/OR THE ACCEPTANCE, RECEIPT, POSSESSION OR USE/MISUSE OF THE PRIZE OR ANY ELEMENT THEREOF (AS APPLICABLE).
WITHOUT LIMITING THE FOREGOING, WITH THE SOLE EXCEPTION OF ITS OWN PRODUCT AND SUBJECT TO THE LIMITATIONS OF ANY WARRANTY OFFERED BY SMARTWOOL ON SAME, SPONSOR MAKES NO REPRSENTATION, GUARANTEE OR WARRANTY OF ANY KIND AS TO ANY PRIZE ELEMENT UNDER ANY LEGAL THEORY.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the Sweepstakes, the Web Site or any other web site; to be acting in violation of the Official Rules or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. (This includes sharing of the Sweepstakes link in a manner other than as prescribed by these Official Rules or in a manner intended to harass or annoy any other person.) The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its legal rights and/or prohibiting such person from participating in future sweepstakes and contests sponsored by Smartwool.
9. LIMITATIONS OF LIABILITY.
The failure of Sponsor to enforce a given provision of these Official Rules in a particular circumstance will not constitute the waiver of such provision. Sponsor is not responsible for base entries/bonus entries (as applicable) that are lost, late, illegible/garbled, jumbled, corrupted, inaccessible, misdirected, improperly recorded (or not recorded at all), incomplete or mutilated and all such entries are void. Sponsor is also not responsible for:
(a) any incomplete, incorrect or inaccurate information regarding the Sweepstakes (including the receipt of bonus entries), whether caused by tampering, hacking, equipment malfunction/failure or other cause;
(b) any error, omission, interruption, deletion, defect, delay in operation or transmission of entries or Sweepstakes links or the recordation of bonus entries, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or
(c) any problems or technical malfunctions, disruptions or failures of any kind, including telephone network or lines, computer on-line-systems, servers or providers, software or programming or for damage to one’s computer due to participation in the Sweepstakes (including but not limited to filtering by or other operation of the functionality of Facebook, Twitter or any other social media platform).
10. FORCE MAJEURE.
If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes and select the prize winner in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the Website.
11. DISPUTE RESOLUTION/CHOICE OF LAW.
Entrants agree that: (i) any claim, dispute or cause of action regarding the Sweepstakes or these Official Rules shall be brought individually (NOT AS PART OF A CLASS ACTION) in Colorado State Court in Routt County or the U.S. District Court for the District of Colorado; (ii) they consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim/dispute/cause of action; (iii) their recovery will be limited to actual out-of-pocket costs involved in participating in the Sweepstakes (if any) and they expressly waive their right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys’ fees for bringing such claim/dispute/cause of action; and (iv) the court shall apply the law of the State of Colorado in adjudicating any such claim/dispute/cause of action, except for the choice of law/conflict of law rules of Colorado (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than Colorado).
12. WINNER LIST.
For the name of the winner (first name, last initial; city/state), send a self-addressed stamped envelope to Smartwool at the address above, ATTN: LR. Requests must be received by March 23, 2020. Winner list will be available after May 1, 2020.