Balsam Brands – Home For The Holidays Giveaway Sweepstakes

Rules
Official Rules (“Official Rules”)NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.By entering into this Sweepstakes, you accept the terms and conditions and set forth in these Official Rules. You confirm that you are, as of the date of entry, a legal resident of, and physically located within the contiguous United States (excluding Rhode Island), and that you are at least 18 years old or have reached the age of majority in your state of residence (19 in Alabama and Nebraska; 21 in Mississippi).By entering the sweepstakes, you agree to sign up to receive newsletters and special offers from Balsam Brands Inc, TRP Acquisition Inc. d/b/a Apt2B, Yamazaki USA Inc, Blue Sky the Color of Imagination, LLC, (“Blue Sky”) Designer d/b/a Day Designer, Clare, Inc., MagicLinen, Leaf Group d/b/a Hunker, LEIF Inc, Hearst Magazine Media, Inc., d/b/a ELLE Décor, and Dotdash Media Inc. d/b/a Martha Stewart Living (collectively, the “Participating Companies”). The Sweepstakes is subject to federal, state, municipal, and local laws and regulations and is void where prohibited.Eligibility: Home for the Holidays Giveaway (the “Sweepstakes”) is open only to persons who are, as of the date of entry, a legal resident of, and physically located within the contiguous United States (excluding Rhode Island), and is at least 18 years old or have reached the age of majority in his/her state of residence (19 in Alabama and Nebraska; 21 in Mississippi), and has a valid email address. Employees, independent contractors, interns, officers, directors, and agents of the Participating Companies are not eligible to enter.Sponsor: The Sweepstakes is sponsored by Balsam Brands Inc., 50 Woodside Plaza, Suite 111, Redwood City, CA 94061.Agreement to Official Rules: By entering the Sweepstakes, you agree to be fully bound by these Official Rules and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of the Sponsor as final and binding in all matters relating to this Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.Entry Period: The Sweepstakes begins at 12:00am EDT on 10/13/2022 (“Entry Period”).Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Sweepstakes. The Sweepstakes will end on 011/13/2022 at 11:59pm EDT.How to Enter: At the beginning of the Entry Period, you may enter the Sweepstakes by visiting the sweepstakes site https://app.viralsweep.com/sweeps/full/cfc2c8-121597?framed=1 (the “Sweepstakes Site”) and completing the Sweepstakes entry form. There is a limit of one (1) entry per person/email address (not including “Bonus Entries,” as described below). Additional entries per person/email address, excluding “Bonus Entries” will not be acknowledged and will not be eligible. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.Each participant in the Sweepstakes must be the rightful owner or have authorized use of the email account indicated by the participant’s email address. The email account must be opened prior to the commencement of the Sweepstakes. The potential winner may be required to show proof of being the authorized account holder.  In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to the Sponsor’s satisfaction, the affected entry(ies) will be deemed ineligible.The Sponsor shall not be responsible for incorrect or inaccurate information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Sponsor assumes no responsibility or liability of any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.By entering the Giveaway in accordance with the entry process described above, you will be registering to receive email communication from Balsam Brands Inc, TRP Acquisition Inc. d/b/a Apt2B, Yamazaki USA Inc, Blue Sky the Color of Imagination, LLC, (“Blue Sky”) Designer d/b/a Day Designer, Clare, Inc., MagicLinen, Leaf Group d/b/a Hunker, LEIF Inc, Hearst Magazine Media, Inc., d/b/a ELLE Décor, and Dotdash Media Inc. d/b/a Martha Stewart Living and agreeing that such registration and any other information collected in connection with the Sweepstakes may be used by the following Participating Companies: Balsam Brands Inc., in accordance with their Privacy Policy, a current copy of which can be found here https://www.balsamhill.com/help-privacy-and-security; TRP Acquisition Inc. d/b/a Apt2B, in accordance with their Privacy Policy, a current copy of which can be found here https://apt2b.floorfound.store/privacy-policy; Yamazaki USA Inc, in accordance with their Privacy Policy, a current copy of which can be found here https://theyamazakihome.com/pages/privacy-policy; Blue Sky the Color of Imagination, LLC, (“Blue Sky”) Designer d/b/a Day Designer in accordance with their Privacy Policy, a current copy of which can be found here https://daydesigner.com/pages/privacy-policy; Clare, in accordance with their Privacy Policy, a current copy of which can be found here https://www.clare.com/pages/policy; MagicLinen, in accordance with their Privacy Policy, a current copy of which can be found here https://magiclinen.com/privacy-policy, Leaf Group d/b/a Hunker in accordance with their Privacy Policy, a current copy of which can be found here https://www.hunker.com/privacy-policy/; LEIF Inc, in accordance with their Privacy Policy, a current copy of which can be found here https://www.leifshop.com/pages/privacy-policy;  Hearst Magazine Media, Inc., d/b/a ELLE Décor, a current copy of which can be found here https://www.hearst.com/-/us-magazines-privacy-notice; and Dotdash Media Inc. d/b/a Martha Stewart Living, in accordance with their Privacy Policy, a current copy of which can be found here https://www.meredith.com/nmg/privacy/marthastewart. Bonus Entries: Each person who submits an entry to the Sweepstakes will have the opportunity to obtain additional entries by performing the listed social actions. For each action performed, the user will receive the allotted number of bonus entries indicated. Entrant can receive unlimited additional entries by completing  bonus entry actions.Drawing: After the Entry Period, on or about 11/13/2022, Sponsor will select 1 potential winner in a random drawing of all entries received. The odds of being selected depend on the number of entries received.Notification and Requirements of Potential Winners: Within five (5) days of the drawing, the potential winner will be notified via email to the email address provided by the potential winner in the Sweepstakes, and will be required to complete and return an affidavit of eligibility and liability/publicity release, where applicable a Form W-9 (which includes the winner’s tax identification number, full name, address, and signature) for tax reporting purposes, and other documents as may be required by applicable federal, state, and local laws and regulations, within seven (7) days of date of notification or an alternate winner may be selected. If a potential winner fails to sign, complete, and return any of the foregoing documents and/or information within the required time period, or cannot be contacted, is ineligible, has been disqualified, or fails to claim the prize within seven (7) days from the time award notification is sent, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.The Sponsor shall have no liability for the winner’s failure to receive notices due to spam, junk e-mail or other security settings or for the winner’s provision of incorrect or otherwise non-functioning contact information.Prize(s): One (1) grand prize will be awarded and one (1) winner will be chosen.Description of Prizes: Grand Prize total value of $3,449Prize will include one (1) 6’ Yukon Spruce With Clear Micro Led Lights From Balsam Hill ($699 value), one (1) $500 Gift Card to Apt2B, one (1)$450 Gift Card to Yamazaki Home, one (1) $400 Gift Card to Day Designer, one (1) $400 Gift Card to Clare, one (1) $400 Gift Card to Magic Linen., one (1) $300 Gift Card to Society6 from Hunker, and one (1) $100 Gift Card + $200 of Assorted Products From LEIF. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by the Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but the Sponsor and Participating Companies reserve the right, at their sole discretion, to substitute prizes (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at the Sponsor’s sole discretion. By accepting the prizes, the winner agrees to the release of his or her name, likeness, and/or entry(ies) for potential publicity purposes, where permitted by law.All decisions are final in all matters relating to this Sweepstakes. The Sponsor may report, as required by applicable statute or regulation, the value of the prizes and the identity of the winners to appropriate taxing authorities.  Prizes will be awarded to a winner only if she or he fully complies with these Official Rules.General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, its parent, subsidiaries, affiliates, the Participating Companies and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.Privacy and Use of Information Submitted; Publicity: Any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s Privacy Policy as otherwise set forth in these Official Rules. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.Use of Entrant Information: By entering the Sweepstakes, you acknowledge and agree that Participating Companies will use your information, including, without limitation, your email address, phone number, mailing address, or any other contact information provided for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or the Participating Companies and in accordance with their respective privacy policies set out above. You may at any time revoke the use of such information by providing written notice to Sponsor and each other Participating Company or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry.Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Delaware. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Delaware, without giving effect to any choice of law or conflict of law rules (whether of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Delaware.Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.Results: To request a winners list, send a self addressed, stamped envelope to Balsam Brands Inc. at 50 Woodside Plaza, Suite 111, Redwood City, CA 94061. Requests must be received within four (4) weeks of the end of the Entry Period.
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