Fine and Herbal Tea Sampler Sweepstakes
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. PROMOTION DESCRIPTION: Fine and Herbal Tea Sampler Sweepstakes (the “Sweepstakes”) is a website based Sweepstakes that begins on 01/19/2023 at 6:00:00 AM Eastern Time (“ET”) and ends on 01/24/2023 at 11:59:59 PM (ET) (the “Promotion Period”). For purposes of this Sweepstakes, a “Day” is defined as a 24-hour period beginning at 12:00:00 AM (ET) and ending at 11:59:59 PM (ET).
Throughout the Promotion Period, eligible entrants will have the opportunity to enter via the promotion Website (collectively, the “Entry”), as more fully set forth below. There will be twelve (12) winners in the Sweepstakes that will be randomly selected at the conclusion of the Promotion Period.
By participating in the Sweepstakes and posting an Entry, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of R.C. Bigelow, Inc. (“Sponsor”), which shall be final and binding in all respects.
2. ELIGIBILITY: Sweepstakes is open only to legal residents of the fifty (50) United States and District of Columbia who are eighteen (18) years of age or older at time of entry. Employees of R.C. Bigelow, Inc., its parent company, their subsidiaries, affiliates, advertising, promotion and other agencies (collectively, the “Promotion Entities”), and their immediate family members and/or those living in the same household of each are not eligible to participate. Void where prohibited by law. All federal, state, and local laws and regulations apply.
3. HOW TO ENTER: There is one (1) way to enter the Sweepstakes, as follows:
o Website Entry. You may enter the Sweepstakes via the Bigelow Tea website by going to https://www.bigelowtea.com/pages/survey (“Website”)
o Then, complete your Entry by providing your name, email address and answer the optional survey questions, as instructed, and then hit the submit button to enter the Sweepstakes. Sweepstakes entry is free. Answering the survey questions is optional and will not affect your ability to enter this Sweepstakes.
Limit one (1) entry per person in the Sweepstakes. Each Entry must meet the following “Entry Requirements” (any Entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
• Entries must be submitted via the entry form on the promotion Website;
• Entry must NOT contain any material that infringes or violates any right of a third party including copyright, patent, trademark, trade secret, publicity or other proprietary rights, other than those belonging to Sponsor;
• Entrant must be the rightful owner of the email account associated with the Entry;
• Entry must NOT contain subject matter which is, or could be considered, in the sole discretion of the Promotion Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
• Entry must NOT contain any derogatory references to any of the Promotion Entities.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Sweepstakes if Sponsor views the Entry as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Entry to be lacking in taste, quality, or to be otherwise objectionable.
Entrants understand that they are submitting their Entry at their sole risk. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor.
4. WINNER SELECTION AND NOTIFICATION: Twelve (12) winners will be randomly selected from all eligible entries received during the Promotion Period on or about 1/25/2023 by Sponsor or its designee, whose decisions are final. Any potential winner will be the entrant that is associated with an Entry that is randomly selected as a winning Entry, subject to eligibility verification. Potential winner will be notified via email within seventy two (72) hours of the random drawing with instructions on how to verify eligibility and claim the prize using contact information provided or collected at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within three (3) business days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners in accordance with the above procedure, after which the prize may go unawarded if it remains unclaimed. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
5. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant represents and warrants the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. By participating in the Sweepstakes, each entrant unconditionally warrants that his/her Entry complies with and abides by the Entry requirements as provided in the Official Rules. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
6. GRANT OF RIGHTS: Each entrant into the Sweepstakes hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Entry and/or in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Sweepstakes and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
7. PUBLICITY RELEASE: By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant or winner of the Sweepstakes, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes, without further compensation, notification, or permission in perpetuity and hereby releases the Promotion Entities from any liability with respect thereto.
8. PRIZES/APPROXIMATE RETAIL VALUES (ARV)/ODDS:
Twelve (12) Prizes are available. Each prize winner will receive one (1) Fine Tea and Herbal Tea Assortment (64 individually wrapped tea bags. Flavors include: Constant Comment, Earl Grey, English Teatime, Lemon Lift, Green Tea, Cozy Chamomile Herbal, Mint Medley Herbal & Orange & Spice Herbal.) (ARV $14.50 each winner). Total ARV of all prizes $174.00. Odds of winning depend on total number of eligible entries received during the Promotion Period. Unclaimed prizes will not be awarded. All applicable federal, state, and local taxes on prize are the sole responsibility of the prize winners. Limit one (1) prize per person.
9. GENERAL: By participating in the Sweepstakes, each entrant agrees that the Promotion Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or in any Sweepstakes related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. The Promotion Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, social media platforms or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Sweepstakes is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Sweepstakes and, in the event of any termination or cancellation, select any remaining winners from among all eligible, non-suspect entries received prior to the termination or cancellation provide a sufficient number of eligible Entries have been received. Any attempt by an entrant or any other individual to deliberately undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person in connection with the Sweepstakes, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
10. Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CONNECTICUT WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
12. SPONSOR: R.C. Bigelow, Inc., 201 Black Rock Turnpike, Fairfield, CT 06825.