Sweepstakes Rules

THE BOLL & BRANCH HOLIDAY SWEEPSTAKES

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 THAT 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.

  1. By entering The Boll & Branch Holiday Sweepstakes (the “Sweepstakes”), entrants agree to be bound by these Official Sweepstakes Rules and Regulations (the “Official Rules”). The Sweepstakes commences at 12:00 AM Eastern Standard Time (“EST”) on November 29, 2022 and ends at 11:59 PM EST on December 11, 2022 (the “Promotion Period”).  Sponsor’s clock is the official timekeeper for this Sweepstakes.  

  2. SPONSOR: The Sweepstakes is sponsored by Boll & Branch LLC (“Sponsor”), 1 Prospect St., Summit, NJ 07901.

  3. ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia that 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 in Rhode Island or where otherwise prohibited.

  4. HOW TO ENTER: 

    1. Method of Entry. During the Promotion Period, there are two (2) ways to enter. No other method(s) of entry will be accepted. Limit one (1) entry per person, per family, per e-mail address and per mailing address, as applicable and per household, regardless of method of entry. Multiple entries received from any person or family or e-mail address or household in excess of the stated limitation will be void.  All information and files submitted in the format specified (“Submission”) will become property of Sponsor and used as provided in Sponsor’s Terms of Service and Privacy Policy, each of which can be found by visiting http://bollandbranch.com/pages/terms-of-service/ and https://www.bollandbranch.com/pages/privacy-policy/ (both of which are incorporated herein by reference). Sponsor and 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. Submissions generated by script, macro or other automated means are void.

      1. ONLINE: During the Promotion Period, go to https://www.bollandbranch.com/pages/holiday-sweepstakes/ and click on the banners, buttons and/or links to access the online entry form for the Sweepstakes and register by filling out the required fields on the Sweepstakes entry page which will include:

        1. Nominator Name

        2. Nominator E-mail address

        3. Nominator Telephone Number

        4. Nominator ZIP code

        5. Nominee Name

        6. Nominee E-mail address

        7. Nominee Mailing Address

        8. Briefly share the story of someone in your life who you believe should receive better sleep at night, all year long (the “Submission”)

By submitting your completed online entry form, including your Submission, and all other requested information as directed, you will receive one (1) entry in the Sweepstakes.  Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible.  Incomplete entries are void.  Online entrants to the Sweepstakes will be given the option to receive commercial e-mails from Sponsor; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such e-mails and consenting to do so will not increase your chances of winning.  

  1. MAIL-IN METHOD: During the Promotion Period, you may enter the Sweepstakes by hand-printing your complete name, address, city, state and zip code, day and evening telephone number (including area code), date of birth and e-mail address, and a brief story of someone in your life who you believe should receive better sleep at night, all year long, on a 3”x 5” postcard and mailing it in an envelope with proper postage affixed to: The Boll & Branch Holiday Sweepstakes, c/o Boll & Branch LLC, 1 Prospect St., Summit, NJ 07901.  Sponsor may use e-mail addresses provided via the mail-in entry method (as applicable) for prize notification purposes only; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s provision of this information.  Mail-in entries must be postmarked received by Sponsor by December 11, 2022 to be eligible.  Mail-in entries become the property of the Sponsor and will not be returned.

  2. Content Restrictions. Your Submission must conform to the following restrictions (“Content Restrictions”):

  3. The Submission must be in English;

  4. The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

  5. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;

  6. The Submission must not disparage Sponsor or any other person or party affiliated with the Sweepstakes;

  7. The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Sweepstakes;

  8. The Submission must not contain images or artwork not created by entrant;

  9. The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;

  10. The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

  11. The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

  12. 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.   

  13. DRAWING: A random drawing to determine the potential winner(s) and grand prize winner of the Sweepstakes will be conducted on or about December 12, 2022 by Sponsor. Odds of winning depend on the number of entries received. Potential winner will be notified by e-mail and must claim the Prize by signing and returning any required Affidavit of Eligibility and Release 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 will 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 Sponsor and the Released Parties 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 Sponsor and the Released Parties to use winner's name, and likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. Sponsor and the 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. 

  14. PRIZE & APPROXIMATE RETAIL VALUE: A total of one hundred (100) Prizes (as defined below) and one (1) Grand Prize (as defined below) is available to be awarded. Each winner of the Sweepstakes, excluding the Grand Prize winner,  will receive one (1) Signature Hemmed Sheet Sets, White in Queen (the “Prize”). The Approximate Retail Value (“ARV”) of each Prize is $278.00 and total ARV of all the Prizes is $27,800. The grand prize winner of the Sweepstakes will receive the following (the “Grand Prize”), each in a custom size as to be determined by the winner of the Grand Prize: one (1) Signature Hemmed Sheet Set, one (1) Signature Hemmed Duvet Set, one (1) Waffle Bed Blanket, one (1) Down Duvet Insert, and two (2) Down Pillow Inserts. Although the ARV of the Grand Prize will vary depending on the size selected by the winner, the estimated total ARV of the Grand Prize is $1,738. The Prize and Grand Prize are non-assignable and non-transferable, and are 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 Prize winner or Grand Prize winner is disqualified for any reason, Sponsor will award the Prize and/or Grand Prize to an alternate Prize winner or Grand Prize winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the Prize and/or Grand Prize will remain un-awarded.

  15. 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.  

  16. 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 or Grand 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. 

  17. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR AND THE RELEASED PARTIES 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 OR GRAND 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.  SPONSOR AND THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE OR GRAND PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR OR TERRORISM, NATURAL DISASTERS OR WEATHER EVENTS.

  18. WARRANTY DISCLAIMER: The Prize and GRAND PRIZE are 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 or Grand 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. 

  19. 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 New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Jersey. 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. 

  20. GENERAL RELEASE: By entering the Sweepstakes, you release and discharge Sponsor and the Released Parties 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 and/or Grand 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 and/or Grand Prize details supplied to an entrant by any third party related to this Sweepstakes. Additionally, you hereby agree to indemnify Sponsor 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.

  21. OFFICIAL RULES/WINNERS LIST: To obtain a copy of these Official Rules, print them or send a self-addressed, stamped envelope to: The Boll & Branch Holiday Sweepstakes, 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 February 1, 2023), send a self-addressed, stamped envelope to: The Boll & Branch Holiday Sweepstakes, 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 May 1, 2023. 

12106969.3