SMARTWOOL “RATE OUR PRODUCTS” SWEEPSTAKES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

Sponsor:  Smartwool, a division of VF Outdoor, LLC, 1551 Wewatta St., Denver, CO 80202 (“Sponsor” or “Smartwool”).

The Smartwool “Rate Our Products” Sweepstakes (“Sweepstakes”) is open only to legal residents of the United States who are 18 years of age (or the legal age of majority in jurisdiction of residence, whichever is higher) or older who received an e-mail directly from Smartwool requesting them to review/rate their recent Smartwool purchase. Opportunity to enter Sweepstakes is valid only for intended, original recipient of e-mail from Smartwool and is NOT transferable

[1] Sweepstakes Structure.  In the Sweepstakes, Sponsor will offer one (1) prize for each three (3) month period, subject to entry deadlines set forth in Rule 2 below (“Quarter”). Each Quarter starts on the first day of a given calendar month and ends on the last day of the second following calendar month.  Each Quarter will feature its own independent sweepstakes promotion with its own prize, which is completely independent from any previous or subsequent Quarter sweepstakes. Accordingly, entries received for one Quarter sweepstakes will NOT be retained for any other Quarter sweepstakes; and, to have a chance to win in more than one (1) Quarter sweepstakes, a person must receive the e-mail from Smartwool and thereafter enter during the corresponding Quarter. 

[2] To Enter. Approximately fourteen (14) days after a person purchases a Smartwool product, they will receive an e-mail from Smartwool requesting them to review/rate their purchase.†  (Be sure to check your SPAM or “Junk” e-mail folder if the e-mail from Smartwool does not appear in your e-mail in-box.)  Following the instructions in the e-mail, write a review/rating of the Smartwool product purchased.   NO PURCHASE NECESSARY. TO ENTER WITHOUT PURCHASE/RATING A SMARTWOOL PRODUCT, SEE RULE 3 BELOW. To result in entry, you must complete all required fields when providing your review/rating of the product purchased.  You may include an attachment as part of your review/rating but doing so is not required and will not increase your chances of winning a prize; see Rule 6 below for winner selection procedure. If you choose to include an attachment, it must be in compliance with the designated format/technological requirements. If review is submitted in any manner OTHER THAN by the following the instructions in the e-mail from Smartwool, it will NOT result in Sweepstakes entry.

†Depending on when a person purchases a Smartwool product, they may receive the e-mail from Smartwool during the following Quarter sweepstakes. In all cases, for purposes of entry in a Quarter Sweepstakes, when a person receives the e-mail from Smartwool (not when they purchased the Smartwool product) shall be determinative.

Each Smartwool product purchased can be rated/reviewed once by the purchaser of same for one (1) entry. ONLY THE ORIGINAL PURCHASER MAY RATE/REVIEW A GIVEN SMARTWOOL PRODUCT AND THEREBY ENTER THE SWEEPSTAKES. (Notwithstanding the foregoing, do NOT rate/review the Smartwool product if purchased for someone else as a gift.) For clarity, if Smartwool product is received as a gift, the recipient of the gift will not receive an e-mail from Smartwool and cannot review/rate the Smartwool product and thereby enter a Quarter Sweepstakes.

Even if you return or exchange the Smartwool product that you purchased (including via Smartwool’s feel good™ guarantee), you may still submit a rating/review for it and enter the Sweepstakes.  But, if purchase transaction is voided for any reason, the Smartwool product may not be reviewed/rated to enter the Sweepstakes. 

If your entry is determined by Sponsor to be preliminarily eligible, your rating/review of the Smartwool product purchased may be posted  on www.smartwool.com  and/or otherwise. Should Smartwool choose to post your rating/review, with the exception of your username, your personal information will not be included along with your rating/review. If applicable, such posting does not constitute any representation of eligibility, notification of winning a prize, nor is it otherwise binding upon Smartwool under any legal theory. The decision whether (or not) to post your rating/review will not affect your ability to enter a Quarter sweepstakes or your odds of winning the prize in a Quarter sweepstakes.)

If you access the e-mail from Smartwool via mobile device:  standard message and data rates and/or wireless Internet access charges may apply.  You may be charged by your wireless carrier in conjunction with Sweepstakes entry. Be sure to check your wireless carrier's pricing plan before rating/reviewing Smartwool product and thereby participating in the Sweepstakes. Wireless Internet access may not be available in all areas.

[3] TO ENTER WITHOUT PURCHASE/PRODUCT REVIEW. Print your name, city/state and zip code of residence, year of birth, e-mail address (REQUIRED) and date receipt of e-mail from Smartwool on a 3” x 5” card and mail in a business size (#10) envelope to Sponsor at the above address, ATTN:  SMARTWOOL RATE OUR PRODUCTS SWEEPSTAKES MAIL ENTRY. Mail-in entries must be postmarked by the day immediately following the last day of the Quarter sweepstakes that you wish to enter for receipt seven (7) days later.  (If the postmark or receipt date falls on a Saturday, Sunday or U.S. Federal Holiday, then the next business day.) For example, if the Quarter sweepstakes ends on May 31, 2024, mail-in entries must be postmarked by June 3,  2024 (June 1 is a Saturday) and received by June 10, 2024. Each valid 3” x5” card submission will result in one (1) entry. Each 3”x5” card must be mailed separately. Copies or mechanical reproductions of 3”x5” cards will not be accepted.  3”x5” cards become the sole property of Sponsor; the receipt of 3”x5” cards will not be acknowledged nor will they be returned.

[4] ADDITIONAL ENTRY RESTRICTIONS. Regardless of entry method used, by participating in the Sweepstakes, you 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 not subject to appeal. Violation of entry limit/requirements for either method of entry may result in disqualification with all entries being deemed void.  Use of automated, programmed or like means of entry (including third party sweepstakes entry services) is prohibited. Proof of transmission of rating/review entry or proof of mailing of 3”x5” card (as applicable) does not represent proof of receipt or proof of entry.

 

[5] CONTENT RESTRICTIONS & REQUIREMENTS FOR SMARTWOOL PRODUCT RATING/REVIEW

You will NOT receive an entry in conjunction with rating/reviewing a Smartwool product that you purchased if the rating/review: 

  

(a)         Is not your original work product with the sole exception of use of the Smartwool trademark;

(b)         DOES NOT represent your honest opinions about and actual experience in using the purchased Smartwool product in accordance with the accompanying instructions**;

(c)          violates or infringes upon the rights of any party (including copyright, trademark, right of privacy, right of publicity);

(d)         is inappropriate, obscene, hateful or otherwise unfit for publication;

(e)         advocates the use of alcohol or drugs, acts of violence or illegal behavior;

(f)           advocates or suggests the use of the purchased Smartwool product in a manner which is unsafe, in violation of the usage instructions of same; or, misrepresents or exaggerates its properties/features;

(g)         disparages or damages the goodwill and/or business reputation of Sponsor or its Smartwool brand; or

(h)         includes any personally identifiable information about you or anyone else (e.g., phone number, address, e-mail address.)

 

**You agree upon Sponsor’s request at various times in the future and without compensation of any kind (other than the prize if selected and thereafter verified as the prize winner for a Quarter sweepstakes) to advise whether (or not) you still hold the opinions set forth in your review/rating of the purchased Smartwool product.

Sponsor grants entrant a non-exclusive, non-transferable, non-sublicensable license to use its trademark solely for the purpose of creating a review/rating of a product in conjunction with entering this Sweepstakes.  At all times, Sponsor remains the exclusive owner of its Smartwool trademark and such use of its Smartwool trademark is for Sponsor’s sole benefit. Such license will automatically terminate at the conclusion of the corresponding Quarter sweepstakes. Any additional or use of the Smartwool trademark other than as expressly set forth above constitutes an actionable violation of Sponsor’s trademark rights.

In submitting an entry including a review/rating of a purchased Smartwool product, you:

·      grant to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the review/rating in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation (including possibly posting on www.smartwool.com or otherwise);

·      waive any “Moral Rights of Authors” or similar natural rights of ownership you may have in the review/rating;

·      agree, upon the request of Sponsor and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this subsection;

·      understand and agree that Sponsor has wide access to ideas, stories and other literary/artistic materials submitted to them from outside sources or being developed by its own employees and that such ideas/stories/literary/artistic materials may be competitive with, similar to (or even identical to) the review/rating included in your entry and that Sponsor shall have no liability under any legal theory to you or any third party in conjunction therewith; and

·      acknowledge that Sponsor does not have any duty of confidentiality or other fiduciary duty to you with regard to your rating/review.

 

[6] Determination of Winners.

 

For each Quarter sweepstakes, Sponsor will conduct a random drawing from among all eligible entries received to select the potential winner of that Quarter sweepstakes’ prize.  The random drawing will take place on or about three (3) days after the deadline for receipt of 3”x5” card entries as per Rule 3 above (If such date falls on a Saturday, Sunday or U.S. Federal Holiday, then the next business day.) Using the above example, if the Quarter sweepstakes ends on May 31, 2024, the random drawing will take place on or about June 13, 2024.  For persons who enter via product rating/review, the content and quality of the rating/review will NOT be taken into consideration in the winner selection procedure provided that such content complies with these Official Rules including Rule 5 above.   

[7] Notification of Winners.

 

For each Quarter sweepstakes, Sponsor will notify the potential winner via e-mail.  Potential winner may be required to complete, sign and return a Declaration of Eligibility, Liability Release and Publicity Release (where lawful) within a designated time period as a condition of continued eligibility.  The potential winner will be disqualified with the prize forfeited without liability of any kind to Sponsor if: (a) despite commercially reasonable efforts, Sponsor is unable to contact potential winner (including e-mail notification being undeliverable or delayed due to categorization as “Junk” or “SPAM” by potential winner’s e-mail service provider; including without limitation if potential winner changes their e-mail address after submission of entry); (b) Sponsor determines that potential winner is ineligible or otherwise in violation of these Official Rules; or (c) if applicable, potential winner fails to timely complete/sign/return the Declaration and Release. In the case of disqualification, Sponsor may select an alternate potential winner from among all remaining eligible entries received for the applicable Quarter sweepstakes.

[8] Prizes/Odds.

One (1) prize of a $100 gift card will be offered per Quarter sweepstakes.  Smartwool will determine the issuer of such gift card and identify the available prize for a given Quarter sweepstakes in the e-mail from Smartwool issued for the corresponding Quarter sweepstakes.

The gift card will be subject to the terms and conditions of its issuer. Such terms and conditions may include expiration date (where lawful), available products/services for which the gift card may be redeemed and other restrictions on redemption of gift card. In addition: (a) prize is not transferable; (b) no prize substitution or cash redemption of prize is allowed (except as required by law); and (c) any and all unspecified expenses in conjunction with prize acceptance and use as well as any taxes on the value of the prize are the winner’s sole responsibility.

SPONSOR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND REGARDING ANY PRIZE (INCLUDING GOODS/SERVICES FOR WHICH THE GIFT CARD IS REDEEMED BY WINNER) UNDER ANY LEGAL THEORY, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE INTENDED PURPOSE.

Odds of winning a Quarter sweepstakes prize depend on the number of eligible entries received for that Quarter sweepstakes.

[9] RELEASES.

By participating in a Quarter sweepstakes, entrant releases and agrees to hold harmless Sponsor, its parent company, subsidiaries, affiliates, divisions or of any agencies/entities involved in the development, production or administration of the Sweepstakes; and the directors, officers, employees and agents of any of the above organizations; from any and all liability arising from a Quarter sweepstakes or the receipt, acceptance, use or misuse of any prize.

 

By accepting a prize in a Quarter sweepstakes, except where prohibited by law, winner agrees to the use of their name, image, photograph, likeness, voice, sobriquet, publicly available biographical information, any statements made by winner regarding Smartwool or its products as well as other indicia of their persons/identity for advertising/trade/publicity purposes by Smartwool without further compensation or notice of any kind.  

 

[10] Additional Conditions of Participation.

 

Employees, officers, directors and independent contractors (including influencers, endorsers and “brand ambassadors”) of Sponsor, its parent company, subsidiaries, divisions, affiliates, or of any agencies/entities involved in the development, production or administration of any Quarter sweepstakes are NOT eligible to enter or win any prize.

 

Sponsor is not responsible for: (a) late, lost, illegible/garbled, inaccessible, delayed, corrupted, damaged or misdirected entries, e-mails from Smartwool requesting that recipient rate/review their recent Smartwool purchase or postage due mail, all of which are void; (b) programming, electronic, technological, telephonic, network or other malfunction, error or failure which in any way affects or interferes with the operation of the Sweepstakes including entries not being timely received (or received at all) or that are inaccessible.

 

If a given Quarter sweepstakes cannot be conducted as originally planned due to any event beyond Sponsor’s reasonable control (e.g., computer virus, act of fraud, natural disaster, materials shortage, civil commotion, riot, epidemic/pandemic, governmental action), Sponsor may cancel/suspend/modify a given Quarter sweepstakes and determine the winner for such affected Quarter sweepstakes from among all eligible entries received for such affected Quarter sweepstakes prior to the action taken by Sponsor or otherwise in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Sponsor will notify all affected persons via e-mail.  

 

Sponsor’s failure to enforce any provision of these Official Rules in a given instance is NOT a waiver of such provision nor will such non-enforcement be deemed to have any other precedential effect.  If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Official Rules.

 

[11] Tampering.

 

Any attempt to undermine the legitimate operation of any Quarter sweepstakes as well as any attempt to defraud Sponsor in conjunction therewith (including, for rating/review entry, any misrepresentation or deception as to one’s experience with Smartwool product purchased as well as forwarding/transferring the e-mail from Smartwool to another person) may result in disqualification from the corresponding Quarter sweepstakes; prohibition on participation in future Quarter sweepstakes or any other promotion offered by Sponsor; as well as possibly legal sanctions.   

 

[12] Jurisdiction/Choice of Law.

 

To the fullest extent permitted by law, by participating in a Quarter sweepstakes, you agree:

 

- that any action at law or in equity arising out of or relating to these Official Rules or the Quarter sweepstakes shall be filed exclusively in the U.S. District Court for the District of Colorado in Denver, Colorado or Colorado State Court in Denver, Colorado;

 

- to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, waiving any right of change or venue, forum non conveniens or the like;

 

- that any such action shall be resolved individually, NOT as part of a class action;

 

-that any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred (if any), with all other forms of damages, remedies and relief being expressly waived (including the right to enjoin the continued operation of the Sweepstakes), and under no circumstances will you be awarded attorneys’ fees; and

 

- these Official Rules and this Sweepstakes shall be governed by the substantive laws of Colorado (i.e., without regard to the choice of law/conflict of law principles of Colorado or of any other jurisdiction).

 

[13] Winners List.

For the name of the winner of a given Quarter sweepstakes, send a self-addressed stamped envelope to Sponsor at the above address with “SMARTWOOL RATE OUR PRODUCTS SWEEPSTAKES WINNER” AND the last day of the Quarter sweepstakes you are inquiring about.  Request must be received on the last day of the calendar month following the conclusion of the applicable Quarter sweepstakes. (If such date falls on a Saturday, Sunday or U.S. Federal Holiday, then the next business day.) Returning to our example, if a Quarter ends on May 31, 2024, the winners list request for that Quarter sweepstakes must be received by July 1, 2024 (as June 30 is a Sunday).