Giveaway Terms & Conditions
TERMS & CONDITIONS
THE NEW SAVANT 2023 CANDLE SET SWEEPSTAKES FOR YOU & YOUR FRIEND
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THE ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. LIMIT OF ONE (1) ENTRY PER PERSON. PLEASE READ THESE OFFICIAL RULES CAREFULLY. THESE OFFICIAL RULES INCLUDE AN AGREEMENT TO MANDATORY AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE TO BINDING ARBITRATION RATHER THAN A COURT PROCEEDING, AS PROVIDED IN PARAGRAPH 8 BELOW. THE NEW SAVANT (this “Sweepstakes”) begins on 12/31/23 9am EST (the “Start Date”) and ends on January 5, at 11:59 pm EST (the “Promotion Period”).
Each individual who enters this Sweepstakes (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of The New Savant LLC (“Sponsor”), which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of all Sweepstakes entries (each and “Entry”) and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at firstname.lastname@example.org during the Promotion Period.
Open to legal residents of the states of the United States and the District of Columbia who are 21 years of age or older. Employees of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees, are not eligible to participate. This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
There will be 1 set of twelve 2023 candles created by The New Savant which includes Library in a Forest, Girl in a Sweater, Harvest Table, California Christmas, Only in New York, The Usual, Heatwave, Mixed Feelings, Cloud Gazer, Androgyne, The Dropout and Duvet Day for the Entrant, and 1 set of the same twelve 2023 candles for Entrant’s tagged friend.
Approximate total retail value of the Prize: $468 each set
No substitution of Prize or transfer/assignment of Prize to others or request for the cash equivalent by Winner and friend is permitted. The Prizes are non-transferable. Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winner and winner’s friend.
- HOW TO ENTER:
ONE (1) ENTRY PER PERSON IS ALLOWED
Entrants must meet the eligibility criteria and post on their Instagram account during the Promotion Period by taking all of the following four (4) actions on the Instagram platform (collectively, one “Entry”):
(1) Follow @thenewsavant on Instagram, (2) Like the qualifying post from @thenewsavant outlining the sweepstakes, 3) Share on your Stories, 4) Tag & comment on your favorite moment of the year with your best friend.
For an Entry to be eligible, the Post must: (i) be the qualifying link on @thenewsavant outlined above, (ii) must not violate any third-party right (including, without limitation, copyright or other intellectual property, privacy, or publicity rights), and by submitting the Post, the Entrant represents and warrants that either (a) Entrant owns all rights in and to the Post or (b) all rights have been obtained by Entrant in written, enforceable licenses, releases/consents, or similar documentation; (iii) be in good taste and not portray irresponsible use; (iv) not target those under 21 years of age; (v) not depict, involve, contain, imply or include any of the following: obscenity, violence, sexually-explicit ideas or materials, drugs, tobacco, firearms, images or items of, or appealing to, those under 21 years of age, or racial or other offensive content; and (vi) be consistent with the positive and responsible messaging of Sponsor and its brands. ANY PURPORTED POST OR ENTRY THAT DOES NOT MEET ANY OF THE ABOVE REQUIREMENTS WILL BE AUTOMATICALLY DISQUALIFIED.
- WINNER SELECTION:
The Winner will be selected in a drawing from among all eligible Entries received during the Promotion Period. The random drawing will be conducted the week of January 8, 2024. The Winner will be notified by Instagram Direct Message by @thenewsavant’s verified Instagram account within one (1) business day following selection of the Winner, asking winner only for an email address to which to send the necessary verification information and documentation for signature and to confirm the Instagram account of Winner’s tagged friend; the Instagram Direct Message will not request any additional information. Winner and friend must provide appropriate documentation, including providing proof of eligibility, and execute a declaration and release. Sponsor is not liable for any information shared with any other Instagram accounts that may claim to act on behalf of The New Savant. Odds of winning will vary depending on the number of eligible Entries received. Sponsor shall have no liability for Winner’s and friend’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s and friend’s provision of incorrect or otherwise non-functioning contact information. If Winner and friend cannot be contacted, is ineligible, fails to claim the Prize within two (2) days from the time award notification was sent, or fails to timely return a completed and executed, tax documentation, declaration and release as required, the Prize may be forfeited, and an alternate single Winner selected. Receipt by Winner of the Prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER AND FRIEND (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S & FRIEND’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. In the event the Winner and friend do not claim the Prize within the period set forth above, or is disqualified, Sponsor will select a new single Winner in accordance with the above.
- PUBLICITY RELEASE:
By entering this Sweepstakes, each Entrant gives express permission to be contacted by Sponsor or its designee by Instagram, email and/or postal mail for Sweepstakes purposes. By tagging a friend, Entrant’s friend also gives express permission to be contacted by Sponsor or its designee by Instagram, email and/or postal mail. Winner and friend, by acceptance of the Prize, grants to Sponsor and its designees the right to publicize such Winner’s & friend’s name, username, address (city and state of residence), photograph, avatar, voice, statements and/or other likeness and Prize information for advertising, promotional, trade and/or any other purpose, in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
- WAIVER, RELEASE OF LIABILITY, AND INDEMNITY:
By participating in the Sweepstakes and submitting an Entry, Entrant fully and unconditionally agrees to (i) be bound by and accept all terms of these Official Rules, including all Entry requirements, and (ii) irrevocably release, discharge and waive any and all claims, actions and causes of action against, and hold harmless from any of the foregoing, Sponsor, Meta, Facebook, Instagram or any other person or entity associated with the Sweepstakes or any Prize, and each of their respective parents, affiliates, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, representatives, agents (collectively, “Released Parties”) for any injury, damage, liability, loss, cost or expense that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any Prize or any activity related to the receipt or use of any Prize.
By entering this Sweepstakes, you agree to the following statement:
“I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows:
‘A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.’
The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.”
By entering this Sweepstakes, you agree to indemnify, defend, and hold harmless the Released Parties from and against any suit, proceeding, claims, liability, loss, damage, costs or expense (including legal fees and expenses, including any incurred in enforcement of this provision), which the Released Parties may incur, suffer, or be required to pay arising out of your acts or omissions relating to the Prize or your actions on or with respect to Meta, Facebook, Instagram.
- LIMITED LIABILITY:
SPONSOR AND THE RELEASED PARTIES ASSUME NO RESPONSIBILITY OR LIABILITY FOR, AND HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO, ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED APPEARANCE OR QUALIFICATION OF ANY ELEMENT OF THE SWEEPSTAKES OR ANY PRIZE. EACH PRIZE IS PROVIDED “AS-AS” AND “AS AVAILABLE”, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND SPONSOR AND THE RELEASED PARTIES
MAKE NO, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRIZE INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES, EXCEPT TO THE MINIMUM EXTENT REQUIRED BY LAW, WILL ANY ENTRANT BE PERMITTED TO OBTAIN, OR WILL SPONSOR BE LIABLE FOR, ANY DIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONNECTION WITH THIS SWEEPSTAKES OR THE PRIZE.
WITHOUT LIMITING THE FOREGOING, SPONSOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR (A) ANY INCORRECT OR INACCURATE ENTRY INFORMATION, OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA TRANSMISSIONS; (B) ANY UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION OR ALTERATION OF ENTRIES AT ANY POINT IN THE OPERATION OF THIS SWEEPSTAKES; (C) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES, SERVERS, CAMERA, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE SWEEPSTAKES; (D) INACCESSIBILITY OR UNAVAILABILITY OF ANY NETWORK OR WIRELESS SERVICE, THE INTERNET OR WEBSITE OR ANY COMBINATION THEREOF; (E) SUSPENDED OR DISCONTINUED INTERNET, WIRELESS OR LANDLINE PHONE SERVICE; OR (F) ANY INJURY OR DAMAGE TO ENTRANT'S OR TO ANY OTHER PERSON’S COMPUTER OR MOBILE DEVICE WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE SWEEPSTAKES OR DOWNLOAD OF ANY MATERIALS IN THE SWEEPSTAKES.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and Prize awards, and Sponsor reserves the right to award the Prize in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any Entrant in connection with the Sweepstakes.
- DISPUTE RESOLUTION:
READ THIS PROVISION CAREFULLY AS IT WAIVES YOUR LEGAL RIGHT TO SUE IN COURT, TO A JURY, AND TO PURSUE A CLASS ACTION. As a condition of entering this Sweepstakes, each Entrant agrees that (i) any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or any Prizes awarded (each, a "Claim"), shall be (a) arbitrated on an individual basis only, without resort to any form of class action, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, (b) limited to actual out-of-pocket costs incurred, if any, including any costs associated with entering this Sweepstakes, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (c) settled by binding arbitration in New York, NY before a single arbitrator appointed by the American Arbitration Association in accordance with its then-governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (ii) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.
- CHOICE OF LAW:
Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrants, Winner and friend, Sponsor, and Released Parties in connection with the Sweepstakes shall be governed by and construed and interpreted in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules that would cause application of the laws of any jurisdiction other than the State of New York.
- SOCIAL NETWORK DISCLAIMER:
- WINNER LIST/OFFICIAL RULES:
To obtain a copy of the winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to The New Savant Attn: Marketing Team, 117 9th Street, #106, Brooklyn, NY 11215.
The sponsor of this sweepstakes is The New Savant, 117 9th Street, #106, Brooklyn, NY 11215.