Sweepstakes Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
WELEDA’S SWEEPSTAKES PROMOTION OVERVIEW:
Weleda, Inc., located at 1 Bridge St., Suite 42, Irvington, New York 10533 (“Weleda” or “Sponsor”) is to pick one (1) monthly winner each month for twelve (12) months (individually each month one “Winner” and collectively twelve “Winners”) in a random drawing with all eligible entries received (individually “Participant” and collectively “Participants”). The Winner will receive a special code to use for a $100 Shopping Spree for Weleda’s product available at www.weleda.com (“Prize”). By participating in the Sweepstakes, participants fully and unconditionally agree to and accept these official rules (“Official Rules”) and the decisions of Weleda which are final and binding in all matters related to the Sweepstakes. Eligibility for the Prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER:
The Sweepstakes begins at 12 A.M. Eastern Time (“ET”) on February 23, 2018 and end at 12 A.M. Eastern Time (“ET”) on December 31, 2018 (“Sweepstakes Duration”).
Winner(s) will be chosen on the 1st day of each month for twelve (12) months. Weleda’s customer service team will contact and notify the Winner(s) by email provided. In the event the Winner doesn't respond to Weleda's notification or does not accept the Prize within five (5) business days of notification, the Prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the Prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the Prize and Weleda will select an alternate Winner(s) from the remaining eligible entrants. However, Weleda will use a reasonable number of attempts, in its sole discretion, to award the Prize(s) to another alternate(s) but if it is unable to do so, the Prize(s) will be finally forfeited and Weleda shall have no further liability in connection with this Sweepstakes.
PRIZES & APPROXIMATE RETAIL VALUE:
The Winner will receive a special code to use for a $100 Shopping Spree for Weleda’s product available at www.weleda.com. The Winner receives $100 Shopping Spree before any discounts or promotions. The $100 Shopping Spree excludes products on promotion. Winner will also receive a prize pack that may vary from month to month, and may include various promotional items such as a Weleda travel bag, a Weleda mirror, and like items.
Limit one (1) email entry per person for Sweepstakes. Multiple entries from the same person will be disqualified. Entries become the property of Weleda and will not be returned. Proof of submission does not constitute proof of receipt. If applicable, inaccurate, lost, late, misdirected or incomplete entry forms or entry forms that have been tampered with will be disqualified. Online entrants must have valid email address and it is entrant's responsibility to update Weleda of any change in email address. If there is a dispute as to the identity of an online entrant, the Prize will be awarded to the authorized account holder of the email address. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider, carrier, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning the email addresses for the domain associated with the submitted email address.
ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older in their state or territory of residence at time of entry. Void in Puerto Rico and where prohibited by law. Employees of Weleda, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, independent judging organizations, and prize suppliers (and members of their immediate family and/or those living in the same household of each such employee) are not eligible.
CONDITIONS OF PARTICIPATION: Winners are responsible for all federal, state and local taxes (if applicable), and any other costs associated with the Prize.
Each Prize is awarded "as is" with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of the Prize permitted, except Weleda reserves the right to substitute the Prize for an item of equal or greater value in the event the Prize is unavailable. The Winner is required to comply with any and all applicable federal, state, and local laws, rules and regulations. An IRS Form 1099 will be issued in the name of the Winner (or, if a minor, in the name of the minor) for the actual value of the Prizes received. Weleda reserves the right to cancel, suspend, or modify the promotion, if necessary, due to any technical problems, interruptions in service, computer bugs and viruses. Weleda shall have no responsibility or obligation to the Winner(s) or potential Winner(s) who are unable or unavailable to accept or utilize the Prizes as described herein. Participants agree to be bound by the terms of these Official Rules and by the decisions of Weleda. These Official Rules are final and binding on all matters pertaining to this Sweepstakes. Winner (and Winner must be 18 years or older, no minors are eligible) may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within seven (7) days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the Prize and selection of an alternate Winner. Return of any Prize may result in disqualification and selection of an alternate Winner. Acceptance of the Prize by Winner constitutes permission for Weleda and any affiliates and subsidiaries, participating advertising and promotion agencies, and Prize suppliers to use Winner's name and/or likeness and biographical material for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, Winner agrees to hold Weleda, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Sweepstakes or acceptance or use of the Prize. Weleda is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prize. No transfer, assignment or substitution of a Prize permitted, except that Weleda reserves the right to substitute the Prize for an item of equal or greater value in the event an advertised Prize is unavailable.
Weleda is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Weleda or presenter on account of technical problems or traffic congestion on the Internet, at any Web site, or via the mobile phone or any combination thereof. If for any reason the Internet or mobile phone portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Weleda reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Weleda reserves the right to select Winners from eligible entries received as of the termination date. Weleda further reserves the right to disqualify any individual who tampers with the entry process. Weleda may prohibit an entrant from participating in the Sweepstakes if it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a Participant to deliberately damage any Web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Weleda reserves the right to seek damages from any such Participant to the fullest extent of the law.
Weleda reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Weleda – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Sweepstakes; (ii) for the purposes of verifying the eligibility and/or legitimacy of any information entered (or purportedly entered) for the purposes of this Sweepstakes; and/or (iii) for any other reason Weleda deems necessary, in its sole and absolute discretion, for the purposes of administering this Sweepstakes in accordance with Weleda’s interpretation of the letter and spirit of these Official Rules. Failure to provide such proof to the complete satisfaction of Weleda within the timeline specified by Weleda may result in disqualification in the sole and absolute discretion of Weleda. The sole determinant of the time for the purposes of this Sweepstakes will be the official time-keeping device(s) used by Weleda.
CHOICE OF LAW:
This Sweepstakes shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. The remedy for any claim shall be limited to actual damages of the Prize, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. The failure or delay by Weleda in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
DISPUTES: Weleda is committed to resolving all disputes in a fair, effective and cost-efficient manner. This Agreement provides that any dispute, controversy, or claim relating in any way to the Official Rules, the Sweepstakes, or the results of the Sweepstakes will be resolved by binding arbitration, rather than in court, except that Weleda and Participants may bring suit in court to enjoin infringement or other misuse of intellectual property rights. ALL PARTICIPANTS AGREE THAT S/HE ARE WAIVING HER/HIS RIGHTS TO BRING ANY POTENTIAL CLAIM relating in any way to thE Official Rules, the Sweepstakes, or the results of the Sweepstakes IN COURT. The arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive as possible.
Weleda and Participants agree to arbitrate all disputes and claims between us before a single arbitrator. For purposes of this Arbitration Agreement, references to Weleda includes Weleda’s respective subsidiaries, parent companies, affiliates, agents, employees, predecessors in interest, successors and assigns. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow the Agreement and Official Rules as a court would.
Weleda and Participants each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Weleda and Participants each waive any right to a jury trial.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Weleda should be addressed: Notice of Dispute, Weleda North America, 1 Bridge St Suite 42, Irvington, NY 10533. The Notice should describe the claim or dispute and set forth the specific relief sought. If Weleda and Participants do not reach an agreement to resolve the claim within 30 days after the Notice is received by the Participant or Weleda, Weleda or Participant may commence an arbitration proceeding.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Commercial Arbitration Rules. Weleda and Participants may download or copy a form to initiate arbitration from the AAA website (http://adr.org) under the "Forms" tab. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Weleda and Participants agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Weleda. Weleda and Participants agree that in any arbitration of a dispute or claim, neither Weleda nor Participants will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Weleda and Participants were a party.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
OFFICIAL RULES AND LIST OF WINNER(S) REQUEST:
For the name(s) of the Winner(s) and/or a copy of the Official Rules, send a separate self-addressed, stamped envelope to Weleda, Inc., 1 Bridge St., Suite 42, Irvington, New York 10533 within two (2) after the close of the Sweepstakes Duration as specified above.