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Sweepstakes Rules-Disclosures

FW Sweepstakes 20’ OFFICIAL RULES

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST FOREVERWICK CANDLE TO BINDING AND FINAL ARBITRATION.  UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FOREVERWICK CANDLE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

NO PURCHASE NECESSARY.  PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

    1. ELIGIBILITY: To Enter the Diamond Sweepstakes (the “Promotion”) is only open to those living in the United States. You must be a legal residents residing in the fifty (50) United States and Washington D.C. To play the Diamond Sweepstakes you must be eighteen (18) years of age or older. Void where prohibited, taxed or restricted by law. Employees of ForeverWick Candle, its affiliated companies, subsidiaries, advertising agencies, promotional and marketing agencies (collectively, the “Promotion Entities”) and each of their immediate family members and/or those living in the same household of each, are ineligible to participate in the Promotion.
    2. SPONSOR: The sponsor of the Diamond sweepstakes is ForeverWick Candle, 10201 McKalla Pl Ste Unit A, Austin, TX 78758
    3. HOW TO ENTER WITHOUT PURCHASE:  To enter the sweepstakes without purchase, visit www.foreverwickcandle.com/pages/foreverwick-2020. Requests must be received by December 31, 2020. Limit one (1) request per day. Sponsor not responsible for incorrect spelling on request. Participants may not use multiple email addresses or artificially create different submissions to redeem more than the maximum requests per day as stated above. If you do not comply with the rules of only one request per day per person, the sponsor reserves the right to withdraw any addition false submissions. As of July 14, 2020, only online entries will be accepted.
    4. HOW TO ENTER WITH PURCHASE: Each order paid for by the customer will be equivalent to one (1) entry into the sweepstakes provided that person meets all eligibility requirements set forth in these Official Rules.
    5. GRAND PRIZE PROMOTION PERIOD: This promotion starts on June 1, 2018 and ends on December 31, 2020. The winner will be announced January 2021. Grand prize will not be inside of a candle but rather picked at the end of the promotional period. The winning entry will be selected via a random number generator that includes all entries. Evidence of this will be documented.
      1. One (1) Grand Prize is available. The Grand Prize consists of Sponsor’s choice of Diamond. The approximate retail value of the Grand Prize is $12,000.
    6. QUARTERLY PRIZE PROMOTION PERIOD: This promotion starts on April 1, 2020 and ends on December 31, 2020. Quarterly prizes will not be inside of a candle but rather picked at the end of each promotional period. The winning entry will be selected via a random number generator that includes all entries. Evidence of this will be documented.
      1. Nine (9) quarterly prizes are available. The Quarterly Prizes consist of Sponsor’s choice of Jewelry/Diamond in the below categories.
        1. Promotional Period April 1, 2020 - June 30, 2020. The winner will be announced in July 2020.
          1. One (1) set of approximately ¼ tcw earrings.
          2. One (1) diamonds of approximately ¼ ct valued at approximately $500
          3. One (1) diamonds of approximately 1 ct valued at approximately $3,000
        2. Promotional Period July 1, 2020 - September, 30, 2020. The winner will be announced in October 2020.
          1. One (1) set of approximately ¼ tcw earrings.
          2. One (1) diamonds of approximately ¼ ct valued at approximately $500
          3. One (1) diamonds of approximately 1 ct valued at approximately $3,000
        3. Promotional Period October 1, 2020 - December, 31, 2020. The winner will be announced in January 2021.
          1. One (1) set of approximately ¼ tcw earrings.
          2. One (1) diamonds of approximately ¼ ct valued at approximately $500
          3. One (1) diamonds of approximately 1 ct valued at approximately $3,000
    7. ONLINE ACCOUNT DISPUTES: In the event of a dispute as to any online entry, the Authorized Account Holder of the email address provided at the time of registration will be deemed to be the potential winner, as long as that person is otherwise eligible.  The “Authorized Account Holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address at the time of entry, provided that person meets all eligibility requirements set forth in these Official Rules.
    8. DISQUALIFICATIONS: The use of any device to automate the entry process is prohibited and will lead to disqualification. Entries not legitimately obtained and/or used in accordance with these Official Rules are void. Entries must be confirmed by sponsor, with documentation that entry was obtained legitimately from the sponsor of the sweepstakes.  Liability for entry containing printing or other errors is limited to replacement with another entry, while supplies last.  The submission of a prize claim is solely the responsibility of the participant.
    9. ODDS OF WINNING: 
      1. UNCLAIMED/UNREDEEMED PRIZES WILL NOT BE AWARDED.  THERE IS NO GUARANTEE THAT ANY OR ALL PRIZES WILL BE AWARDED. RESPONSE REQUIRED WITHIN 10 DAYS OF COMMUNICATION FROM SPONSOR VIA EMAIL, MAIL, OR PHONE.
      2. The odds of winning a prize with a legitimate entry depend on the number and timing of valid entries received.  For this promotion there will be a maximum for 1,500,000 possible entries and ten (10) possible prizes.
    10. ADDITIONAL RULES AND INFORMATION
      1. The sponsor reserves the right to pick the actual prize, the winner of the promotion agrees it is at the sponsors discretion. The actual retail value could be effected by changes in the consumer market place, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.  Once the prize is claimed, there will be no additional prizes available to claim, unless stated by new or updated (sweepstakes rules/disclosures). Sponsor disclaims any and all liability for continuing to advertise such prizes. If the selected winner is ineligible, does not follow the rules or in compliance with with these official rules, refuses to accept prize from the diamond sweepstakes, or is unable to be reached by the sponsor within a reasonable time (10 Days), the prize will be forfeited by the winner at the sponsors discretion and could return to the prize pool. If it goes back into the prize pool, it could be able to be won again, this remains at the sponsors discretion. 
      2. Neither prize substitutions or cash alternatives will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. Any US resident winning over $600.00 USD in aggregate prizes from Sponsor will receive an Internal Revenue Service (“IRS”) Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. If required by law, as determined by Sponsor in its sole discretion, Sponsor reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due.  Sponsor also reserves the right to require all winners of prizes with a value of greater than $600.00 USD to submit an IRS Form W-9 prior to being deemed eligible to receive the respective prize.
      3. Potential prize winners may be required to execute, and in the case of a Grand Prize winner, have notarized, an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal). Also may be required to agree to the sponsor’s Publicity Release (collectively, “Prize Claim Documents”).  If the potential winner rejects, refuses, or does not return all prize claim documents within ten (10) days of being notified of being a grand prize winner, it is up to the sponsor’s discretion to award the prize or not. Any and all costs and expenses incurred in connection with redeeming, accepting, or using a prize that are not specifically provided within the sweepstakes rules and disclosures are the responsibility of the applicable prize winner. Prizes not claimed in accordance with these Official Rules will not be awarded. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
      4. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prizes. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Promotion.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
    11. GENERAL: Participants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, as a result of participating in the promotion or any promotional related activity, including prize misuse and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website.
    12. PUBLICITY: Except where prohibited by law, participation in the Promotion shall constitute permission of Sponsor and its designees to use each winner’s name, prize won, hometown, likeness for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. To participate in the sweepstakes, the participant agrees to these terms and grants the sponsor permission to use this information.
    13. LIABILITY RELEASE:   By participating in the Promotion, you hereby release the Released Entities from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Promotion and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Promotion and/or the awarding of any prize, except as expressly set forth in these Official Rules; you further agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prize awarded, shall be resolved individually by arbitration in accordance with Rule 14 below without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees; and (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR REASONABLE AND ACTUAL OUT-OF-POCKET EXPENSES.
    14. ARBITRATION AGREEMENT:  PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
      1. Agreement to Arbitrate. This Section 14 is referred to in these Official Rules as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into these Official Rules, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Arbitration Agreement. All references to claim amounts and relief sought in this Arbitration Agreement are in United States Dollars (USD). 
      2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
      3. Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Customer Support at hello@foreverwickcandle.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Sponsor should be sent to Foreverwick Candle Co. 10201 McKalla Pl. Ste #A Austin, TX 78758, Attention: General Counsel (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Official Rules as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
      4. Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
      5. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all Arbitration Fees.  If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees.  In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Finally, if the value of the relief sought is $75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail.  Sponsor will not seek attorneys’ fees from you.  But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
      6. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
      7. Severability. Without limiting the severability provision in Section 13 of the these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 13(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court decides that any of the provisions of Section 13(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void.  The remainder of these Official Rules will continue to apply.
      8. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Official Rules to the contrary, Sponsor agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Sponsor written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
    15. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEBSITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
    16. PRIVACY: All information submitted is subject to Sponsor's privacy policy, available at https://foreverwickcandle.com/pages/privacy-policy
    17. GENERAL CONDITIONS: If, for any reason, the Promotion is not capable of running as originally planned, Sponsor reserves the right to cancel, suspend or modify the Promotion or any portion(s) thereof and to award any prizes in a fair and equitable manner, as determined by Sponsor, in light of the circumstances. Any person attempting to defraud Sponsor or tamper with the Promotion in any way may be prosecuted to the full extent permitted by law and will not be eligible for a prize. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries or mail-in requests, all of which are void; (ii) error, 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 of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion. Only the type and quantity of prizes described in these Official Rules will be awarded. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
    18. GOVERNING LAW/JURISDICTION:ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
      1. WINNERS’ LIST: Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope to: 2020 Diamond Sweepstakes Winners, c/o ForeverWick Candle, 10201 McKalla Pl. Ste #A, Austin, TX 78758
        1. All such requests must be received within six (6) weeks after the end of the Promotion Period.
    19. MARKETING: Entries into the promotion agree to receive marketing and promotional content from ForeverWick Candle unless explicitly stated or 'unsubscribed' through our email provider.
    20. SPONSOR:  The Promotion is sponsored by ForeverWick Candle, 10201 McKalla Pl. Ste #A, Austin, TX 78758