25 Days of Swag Sweepstakes Terms & Conditions
’47 Holiday Family Sweepstakes – Loyalty ProgramOfficial RulesNO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. APURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOURCHANCES OF WINNING.
1. EligibilityThe ’47 Holiday Family Sweepstakes – Loyalty Program (the “Sweepstakes”) is openonly to legal residents of the United States who are members of the ’47 Brand, LLCFamily Loyalty Program at the time of entry. Potential sweepstakes winners mustbe at least eighteen (18) years old at the time of entry. If the sweepstakes winneris found to have been under the age of eighteen (18) at the time of entry, the prizemust be claimed by a parent or legal guardian of the winner. If the prize is notclaimed by parent or legal guardian of the winner, the prize will be forfeited andanother sweepstakes winner will be selected at random. Void where prohibited.Employees and directors of ‘47 Brand, LLC and its subsidiaries, divisions, affiliates,and advertising or promotional agencies or individuals involved with the design,production, execution or distribution of the Sweepstakes and the immediate familyand household members of such individuals, are not eligible to enter, win, orotherwise benefit from the Sweepstakes. “Immediate family members” shall meanparents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses,regardless of where they live. “Household members” shall mean people who sharethe same residence at least three months a year, whether related or not. In order toenter the Sweepstakes or claim the prize, the winner must fully comply with theseOfficial Rules and, by entering, the winner must represent and warrant that he orshe agrees to be bound by these Official Rules and the decisions of the Sponsor,whose decisions shall be binding and final in all respects relating to theSweepstakes.
2. Sponsor and Administrator Sponsor and Administrator: ‘47 Brand, LLC, 15 Southwest Park, Westwood, MA02090
3. TimingSweepstakes begins Tuesday, December 1, 2020 at 12:00 am EST and ends Friday,December 25, 2020 at 11:59 pm EST (“Sweepstakes Entry Period”). Sponsor is theofficial time keeper for this Sweepstakes. The Sweepstakes is governed by theseOfficial Rules and is subject to all applicable federal, state and local laws.
4. How to Enter’47 Family Loyalty Program members will receive entry instructions from Sponsoreither via its email, paid social, or organic social channels. The member will thenlog into the ’47 FAMILY website and proceed to the “Members Only” tab and clickthe sweepstakes banner to be taken to the Sweepstakes entry page. All requiredinformation on the Sweepstakes entry page must be completed prior to submission.Once the form is submitted, the member will be entered into the Sweepstakes.
Only one entry per member/email address will be allowed during the SweepstakesEntry Period.
5. PrizeOne (1) prize will be awarded each day of the Sweepstakes Entry Period, for a totalof twenty-five (25) prizes. Each prize will consist of a collection of ’47-brandedpromotional items and one or two pieces of licensed items to be awarded at thesole discretion of Sponsor (each a “Prize”). Not all Prizes will include the sameitems, but the approximate retail value of each Prize is One Hundred Dollars($100.00) for a total Prize value of Two Thousand Five Hundred Dollars ($2,500)(the “ARV”). Each Prize will be awarded “as is” with no warranty or guarantee,either express or implied by Sponsor. Prizes cannot be transferred, assigned,substituted or redeemed for cash except at Sponsor’s sole discretion. Sponsorreserves the right to substitute the listed prizes (or portion thereof) for one ofcomparable or greater value. Winners are responsible for all taxes and feesassociated with prize receipt and/or use. All federal, state, and local tax liabilities,and all other costs associated with prize acceptance and use not specified herein asbeing provided are the sole responsibility of the winners. Winners may be requiredto complete and return an IRS W-9 form (i.e. Request for Taxpayer IdentificationNumber and Certification). All prize details are the at the sole discretion of Sponsor.If eligible winner is 18 years of age but still deemed a minor in his/her state ofresidence, Sponsor reserves the right to award such prize in the name of his/herparent or legal guardian, who will be responsible for fulfilling all requirementsimposed on winner set forth herein. No more than twenty-five (25) prizes will beawarded, one (1) prize for each day in the Sweepstakes Entry Period. Prizes will beawarded to winners only if winners fully comply with these Official Rules.
6. Winner Determination and OddsOne (1) potential Prize winner will be selected for each day of the SweepstakesEntry Period beginning on December 2, 2020 at random from all aggregate eligibleentries received up until the time of selection, with the final drawing occurring onDecember 26, 2020 from entries received by the end of the Sweepstakes EntryPeriod. Winners will be notified on the Friday of the week in which they have beenselected as a winner. Potential Prize winners must follow the initial prize claiminstructions and any subsequent claim instructions, or the Prize will be forfeited inits entirety. Sponsor’s decisions as to the administration and operation of theSweepstakes and the selection of the potential winners is final and binding in allmatters related to the Sweepstakes. Odds of winning the Prize depend on totalnumber of eligible entries received during the Sweepstakes Entry Period. Prizes willbe mailed to the winners as set forth in communication provided by Sponsor.
7. POTENTIALSWEEPSTAKESWINNERS ARE SUBJECTTOVERIFICATIONBYSPONSOR. SPONSOR’S DECISIONSAREFINALANDBINDINGINALLMATTERS RELATEDTOTHEADMINISTRATION,OPERATION,SELECTIONOF THE WINNER ANDOTHERMATTERSRELATEDTOTHESWEEPSTAKES. ANY ATTEMPT BY ANY ENTRANT TO UNDERMINE THELEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OFCRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE,SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL AVAILABLE
REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THELAW, INCLUDING CRIMINAL PROSECUTION.
8. Verification of Potential WinnersPotential winners may be required to complete and return an Affidavit of Eligibility,Release of Liability and Publicity Release (where permitted by law) (collectively, the“Affidavit”) by the date specified by Sponsor, or an alternate potential winner maybe selected. In the event: (a) potential winner cannot be reached for whateverreason after a reasonable effort has been exerted or the potential winnernotification or Affidavit is returned as undeliverable; (b) potential winner declines orcannot accept, receive or use the Prize for any reason; (c) of noncompliance withthe above or within any of the aforesaid time periods, (d) potential winner is foundto be ineligible to enter the Sweepstakes or receive the Prize, (e) potential winnercannot or does not comply with the Official Rules, or (f) potential winner fails tofulfill the Affidavit-related obligations, the potential winner shall be disqualified fromthe Sweepstakes and an alternate potential winner may be selected at Sponsor’ssole discretion, from among the other eligible entries received. Sponsor reservesthe right to modify the notification and Affidavit procedures in connection with theselection of alternate potential winner, if any.
9. Entry Conditions and ReleaseEach entrant irrevocablyconsentstoandgrants to Sponsor,itsagents,representatives,licensees,successorsorassignees,therighttocopy,reproduce,andusealloraportionofany entrant’s submission foranypurpose,whatsoever,asSponsor,itsagents,representatives,licensees,successorsorassignees,intheirabsolutediscretionshallseefit,including, but not limited to,advertising,publicity,trade,oranyothercommercialornon-commercialpurposethroughoutall channels, via any type of media (i.e. digital, print, television, etc.) throughouttheworldandinperpetuity.Each entrantacknowledges and agrees thatSponsoristhesoleandexclusiveownerofallright,titleandinterestin and to thesubmissionsandallintellectualpropertyrelatedthereto. Each entrant agrees to:(a)complywith and bebound bytheseOfficial Rules and thedecisions of Sponsorwhich are binding and final in all matters relating to this Sweepstakes;(b) defend,indemnify,releaseandholdharmlesstheSponsor anditsparent,subsidiary,andaffiliatedcompanies,celebrities,andany otherpersonand organizationresponsiblefor sponsoring,fulfilling,administering,advertising or promoting theSweepstakes, and all of its past and present officers, directors, employees,agentsandrepresentatives(collectively, the“Released Parties”)fromandagainstany andallclaims,expenses,andliability,includingbutnotlimitedtonegligenceanddamagesof anykind to persons and property, including but not limited to invasionof privacy(under appropriation,intrusion,publicdisclosureofprivatefacts,falselightinthepubliceyeorother legal theory), defamation, slander, libel, violation ofright of publicity, infringement of trademark,copyrightorotherintellectualpropertyrights,propertydamage,ordeathorpersonal injuryarisingoutoforrelatingtoaparticipant’sentry,creationofanentryorsubmissionofan entry,participation in theSweepstakes, acceptance, possession, attendance at, defect in,
delivery of, inability to use, use or misuseof Prizes(includinganytravel oractivityrelatedthereto)and/orthebroadcast,exploitationoruseofentry.
10. PublicityExcept where prohibited or restricted by law, winner’s acceptance of Prizeconstitutes the winner’s agreement and consent for Sponsor and any of itsdesignees to use and/or publish winner’s full name, city and state of residence,photographs or other likenesses, pictures, portraits, video, voice, testimonials,biographical information (in whole or in part), and/or statements made by winnerregarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and allpurposes, including, but not limited to, advertising, trade and/or promotion onbehalf of Sponsor, in any and all forms of media, now known or hereafter devised,including, but not limited to, print, TV, radio, electronic, cable, or internet, withoutfurther limitation, restriction, compensation, notice, review, or approval.
11. General Conditions Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents,successors, assigns, employees, officers and directors shall not have any obligationor responsibility, including any responsibility to award the Prizes to any entrants,with regard to: (a) entries that contain inaccurate information or do not comply withor violate the Official Rules; (b) entries, prize claims or notifications that are lost,late, incomplete, illegible, unintelligible, damaged or otherwise not received by theintended recipient, in whole or in part, due to computer, human or technical error ofany kind; (c) entrants who have committed fraud or deception in entering orparticipating in the Sweepstakes or claiming the Prize; (d) telephone, electronic,hardware, software, network, Internet or computer malfunctions, failures ordifficulties; (e) any inability of the winner to accept the Prize for any reason; (f) ifthe Prize cannot be awarded due to delays or interruptions due to Acts of God,natural disasters, terrorism, weather or any other similar event beyond Sponsor’sreasonable control; or (g) any damages, injuries or losses of any kind caused by thePrize or resulting from awarding, acceptance, possession, use, misuse, loss ormisdirection of the Prize or resulting from participating in this Sweepstakes or anypromotion or prize related activities. Sponsor reserves the right, in its solediscretion, to disqualify any individual it finds to be (a) tampering with the entryprocess or the operation of the Sweepstakes, or with any website promoting theSweepstakes; (b) acting in violation of the Official Rules; or (c) entering orattempting to enter the Sweepstakes multiple times through the use of multipleemail addresses or the use of any robotic or automated devices to submit entries. IfSponsor determines, in its sole discretion, that technical difficulties or unforeseenevents compromise the integrity or viability of the Sweepstakes, Sponsor reservesthe right to void the entries at issue, and/or terminate the relevant portion of theSweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakesand/or award the Prizes from all eligible entries received as of the end of theSweepstakes Entry Period. Sponsor may prohibit an entrant from participating inthe Sweepstakes if, in its sole discretion, it determines that such entrant isattempting to undermine the legitimate operation of the Sweepstakes by cheating,deception, or other unfair playing practices or intending to annoy, abuse, orthreaten other entrants or Sponsor representatives.
12. Limitations of LiabilityTheReleased Partiesarenotresponsiblefor:(a)anyincorrectorinaccurateinformation, whether caused byentrants, printingerrorsor byanyoftheequipmentorprogrammingassociated with or utilizedintheSweepstakes;(b)technicalfailuresofanykind,including,butnotlimitedto malfunctions,interruptions,ordisconnectionsinphonelinesornetworkhardwareorsoftware; (c)unauthorizedhumaninterventioninanypartoftheentryprocessortheSweepstakes;(d)technical or human error in the administration of the Sweepstakes or the processingof entries;or(e)anyinjuryor damageto personsor propertywhich maybecaused,directlyor indirectly, inwholeorin part, from entrant’s participation in theSweepstakes orreceiptor use or misuse of the Prize. If for anyreason an entrant’ssubmission is confirmed to havebeen erroneouslydeleted,lost,orotherwisedestroyedorcorrupted,entrant’ssoleremedyisanother entryin theSweepstakes. No more than the stated number of Prizes will be awarded.
13. DisputesEntrantagreesthat:(a)anyandalldisputes,claimsandcausesofactionarisingoutofor connectedwiththisSweepstakes,oranyprizesawarded,shallberesolvedindividually,without resortto anyformof class action; (b) anyand alldisputes, claims and causes of action arisingout oforconnectedwiththisSweepstakes,oranyprizesawarded,shallberesolvedexclusivelyby theUnitedStatesDistrictCourtortheappropriateMassachusettsStateCourt;(c)anyandallclaims,judgmentsandawardsshallbelimitedtoactual out-of-pocketcostsincurred, includingcostsassociatedwithenteringthis Sweepstakes, but in no eventattorneys’fees;and(d)undernocircumstanceswillentrantbepermittedtoobtainawards for,andentrantherebywaivesallrightstoclaimpunitive,incidentalandconsequentialdamages andanyotherdamages,otherthanforactualout-of-pocketexpenses,andanyandallrightsto havedamagesmultipliedorotherwiseincreased. SOMEJURISDICTIONSDONOTALLOW THE LIMITATIONS OR EXCLUSIONOF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES,SOTHEABOVEMAYNOTAPPLYTOYOU. Allissues andquestionsconcerningtheconstruction,validity,interpretationandenforceabilityofthese OfficialRules,ortherightsandobligationsoftheentrantandSponsorinconnectionwiththe Sweepstakes,shallbegovernedby,andconstruedinaccordancewith,thelawsoftheStateofMassachusetts, withoutgivingeffectto anychoice of law orconflictof law rules(whetherof theState of Massachusetts oranyotherjurisdiction),whichwouldcausetheapplicationofthelawsofany jurisdiction other than the State ofMassachusetts.
14. Sweepstakes Results For Sweepstakes results, send an email with the subject line of “Winners List – ’47Holiday Family Sweepstakes – Loyalty Program” to marketing@47brand.com.Requests for the winner’s list must be received by January 1, 2021.
This sweepstakes is in no way affiliated with any of the national sports leagues or their affiliated teams.
