Boll & Branch x @DarylannDenner Giveaway
OFFICIAL SWEEPSTAKES RULES AND REGULATIONS
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE, AT THE TIME OF ENTRY, AT LEAST EIGHTEEN (18) YEARS OLD OR THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE. VOID WHERE PROHIBITED BY LAW.
- By entering this Boll & Branch x @DarylannDenner Giveaway sweepstakes (the “Sweepstakes”), entrants agree to be bound by these Official Sweepstakes Rules and Regulations (the “Official Rules”). The sweepstakes commences on December 13, 2021 the time of instagram story posting, and ends 24 hours later on December 14, 2021 (the “Promotion Period”). Sponsor’s clock is the official timekeeper for this Sweepstakes.
- SPONSOR: The Sweepstakes is sponsored by Boll & Branch LLC (“Sponsor”), 1 Prospect St., Summit, NJ 07901. For the avoidance of doubt, this Sweepstakes in no way sponsored, endorsed or administered by, or associated with, Instagram.
- ELIGIBILITY: The Sweepstakes is to legal residents of the 50 United States and the District of Columbia, who are, at the time of entry, at least eighteen (18) years old or the age of majority in their state of residence. The Sweepstakes is not open to: (1) employees, independent contractors, officers, and/or directors of Sponsor, and Sponsor’s respective parent, related, affiliated and/or subsidiary companies, advertising, promotion and fulfillment agencies or legal advisors and their respective officers, directors, agents, employees and assigns (collectively, “Released Parties”) or (2) the immediate family members of, and persons living in the same household as, any of the Released Parties. “Immediate family” is defined as parents, siblings, children or spouse. All United States federal, state and local laws apply. Void where prohibited by law.
4 HOW TO ENTER:
(i) Website Method: During the Promotion Period, potential entrants may obtain a promotional code from [Dary-Ann Denner] ([@darylanndenner]) (“Influencer”) Instagram story (“Promotional Code”). During the Promotional Period, potential entrants that enter the Promotional Code at the time of checkout from Sponsor’s website located www.bollandbranch.com (the “Website”) will be automatically entered into the Sweepstakes.
(ii) Email Method: During the Promotion Period, send an email to [firstname.lastname@example.org] with the “Boll & Branch x @DarylannDenner Giveaway Sweepstakes” in the subject line with the following information contained in the body of the email:
(B) E-mail address
(C) Telephone Number
(D) ZIP code
(b) Limit. Each entrant may upload only one (1) Submission. Submissions received from any person in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions and related content, including, without limitation, the entrant’s name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and/or biographical information, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use of the foregoing rights. Released Parties are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
(c) Use of automated devices is not valid for online entry. By submitting an entry, entrants warrant and represent that the Submission, or any portion of it, will not violate any law or infringe upon the rights, title, claim or interest of any third party. Sponsor and the Released Parties are not responsible for any problems or technical, hardware, or software malfunctions of any telephone network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Sweepstakes, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to entrant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. By submitting an Submission or entry, you agree to abide by the terms of these Official Rules. Entrants expressly agree that they are providing their information to Sponsor and not to Instagram or any other social media network (as applicable).
(d) In the event of a dispute as to any Submission, the authorized account holder of account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the email address used for registration in the Sweepstakes. Potential winners may be required to show proof of being the authorized account holder
5. DRAWING: A random drawing will be conducted on or about December 14, 2021 by Sponsor. Odds of winning depend on the number of entries received. Potential winner will be notified by through the email address provided in the Submission. Winner must claim the Prize within two (2) days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of the Prize and Sponsor shall have the option to award the Prize to an alternate winner. All income taxes resulting from acceptance of the Prize are the responsibility of winner and winner may also be required to provide Sponsor with a completed IRS Form 1099. By entering this Sweepstakes, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. By entering this Sweepstakes, entrants waive all right to, and hold harmless the Released Parties, Influencer, and Instagram from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this Sweepstakes or the acceptance, use, or misuse of the Prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Acceptance of a the Prize also constitutes permission to the Released Parties, , Influencer, and Instagram to use winner's name, and likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. Released Parties will not be responsible for: lost, late, misdirected, damaged, illegible, incomplete, incorrect, or otherwise unsatisfactory entries; lost, late, or misdirected prize notices; or any typographical, or other error in the printing of the offer, administration of the sweepstakes, or announcement of the Prize. In the event of any such error, Sponsor reserves the right to cancel or modify the Sweepstakes in a manner deemed appropriate by the Sponsor, at the Sponsor's sole discretion.
6. PRIZE & APPROXIMATE RETAIL VALUE: Sponsor will select  of winners of the Sweepstakes. Each winner of the Sweepstakes will receive either (a) if the winner entered the Sweepstakes using the Promotional Code, a refund of the price paid for products (excluding applicable tax and shipping) using the Promotional Code, up to a maximum of five hundred dollars ($500) or (b) if the winner entered the Sweepstakes through email, the winner will receive a five hundred dollar ($500) Boll & Branch gift card (collectively, the “Prize”). The total Approximate Retail Value (“ARV”) varies based on the winners, but the maximum ARV of the Prize will be [10 x $500 ] USD. The Prize is non-assignable and non-transferable, and is not redeemable, exchangeable or substitutable for cash by winner. Sponsor reserves the right to substitute a prize of equal or greater value. If a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held for each potential winner, after which the Prize will remain un-awarded.
7. GENERAL CONDITIONS: Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor or Released Parties corrupt the administration, security or proper play of the Sweepstakes. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes at any time and for any reason, or for no reason. 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 any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately 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. Only the type and quantity of the Prize described in these Official Rules will be awarded.
8. LIMITATIONS OF LIABILITY: By entering the Sweepstakes, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or the Prize awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out- of-pocket expenses.
9. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES, INFLUENCER, AND/OR INSTAGRAM WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, ACCESS TO AND USE OF ANY INTERNET WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES, INFLUENCER, AND/OR INSTAGRAM ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR OR TERRORISM, NATURAL DISASTERS OR WEATHER EVENTS.
10. WARRANTY DISCLAIMER: The Prize is awarded “AS IS.” Except as otherwise provided in these Official Rules, Sponsor makes no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of the Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
11. CONSTRUCTION: Sponsor shall be the sole interpreter of these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant vis-à-vis Sponsor, shall be governed by, and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
13. GENERAL RELEASE: By entering the Sweepstakes, you release and discharge Sponsor, Influencer and any of its affiliates, Instagram and/or any other social media network (as applicable) from any liability whatsoever in connection with the Sweepstakes, your participation in the Sweepstakes, or with the acceptance, possession, use or misuse of the Prize including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation: personal injuries; death; damage to, loss or destruction of property; rights of publicity or privacy; and defamation or portrayal in a false light). Sponsor and the Released Parties will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Sweepstakes. Sponsor and the Released Parties will not be responsible for any inaccurate Prize details supplied to an entrant by any third party related to this Sweepstakes. Additionally, you hereby agree to indemnify the Sponsor, Influencer, and the Released Parties from any and all losses, damages, costs, expenses, rights, claims, demands and actions (including attorney's fees and expenses for litigation and settlement), which may be brought against any one or more of them by anyone claiming to have suffered loss or damage as a result of your participation in the Sweepstakes and/or with your acceptance, possession, use or misuse of the Prize.
14. OFFICIAL RULES/WINNERS LIST: To obtain a copy of these Official Rules, print them or send a self-addressed, stamped envelope to: Boll & Branch x @DarylannDenner Giveaway, c/o Boll & Branch LLC, 1 Prospect St., Summit, NJ 07901. If you have any questions regarding this Sweepstakes or would like to obtain the name of the Prize winner (available after December 15, 2021), send a self-addressed, stamped envelope to: Boll & Branch x @DarylannDenner Giveaway,, c/o Boll & Branch LLC, 1 Prospect St., Summit, NJ 07901. All requests for Official Rules and the Prize Winners must be received on or before February 28, 2022.