NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. MUST BE A LEGAL RESIDENT OF AL, AR, FL, GA, IL, KS, KY, LA, MS, MO, NC, OK, SC, TN, OR TX AND 21 YEARS OF AGE OR OLDER.
Promotion Period: “The YellaWood® Backyard Bonanza Sweepstakes” (the “Promotion”) commences at 12:00:01 AM Eastern Time (“ET”) on February 1, 2010 and ends at 11:59:59 PM Eastern Time (“ET”) on March 28, 2010 (the “Promotion Period”). All entries must be received by 11:59:59 PM ET on March 28, 2010.
Administrator/Sponsor: The Promotion shall be administered by Brandmovers, Inc. (“BRANDMOVERS”) and sponsored by Great Southern Wood Preserving, Incorporated (“SPONSOR”).
Eligibility: The Promotion is only open to legal residents of AL, AR, FL, GA, IL, KS, KY, LA, MS, MO, NC, OK, SC, TN, or TX. Entrants must be at least 21 years of age or older at time of entry. Employees (and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) and their household members (whether or not related)) of BRANDMOVERS and SPONSOR, and each of Brandmovers' and Sponsor’s respective parents, affiliated companies, sponsors, subsidiaries, dealers, distributors, wholesalers and retailers, advertising and promotion agencies, third party fulfillment agencies, and third party prize or prize component providers and the employees of these respective entities and their immediate families (collectively, the “Sponsor Entities”) are not eligible to enter or win the Promotion. By participating in this Promotion, each Entrant (“Entrant”): (a) agrees to be bound by these Official Rules and by the interpretations of these Official Rules by BRANDMOVERS, and by the decisions of the Sponsor Entities, which are final and binding in all matters relating to the Promotion; (b) agrees to release and hold harmless the Sponsor Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Promotion and/or the use or misuse or redemption of a prize (as more fully set forth herein); and (c) acknowledges compliance with these Official Rules. Sponsor respects the privacy of on-line visitors. To view Sponsor’s full online privacy policy please visit www.yellawood.com. Subject to the provisions of Section 11(c) below, any personal information collected will be used by Sponsor and its agent(s) solely to administer this Promotion and will not be used or disclosed for any other purpose without the consent of the applicable Entrant. By entering this Promotion, each Entrant agrees that the Sponsor or Administrator have the right to contact Entrant by telephone, email or regular mail regarding the Promotion.
To Enter: Visit www.yellawoodsweepstakes.com (the “Website”) at any time during the Promotion Period and: (a) electronically agree to these Official Rules; (b) follow the online instructions to complete all required fields to register on the Website and enter the Promotion; and (c) follow on-screen instructions. Upon completion of the registration process and for each subsequent successful log-in, you will be automatically entered into the Grand Prize Drawing, as described in Section 10 of these Official Rules. There is a limit of one (1) entry per person and per email address per day, subject to the provisions in Section 6 below. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all entries by that Entrant. In the event of a dispute over who submitted an entry, the authorized subscriber of the email account used to participate in the Promotion at the actual time of entry will be deemed to be the Entrant and he/she must comply with these Official Rules. The authorized account subscriber is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Refer a Friend Program: One (1) additional entry per day per person is allowed if that person submits on that day the name and email address of one (1) friend who must be eligible to enter the Sweepstakes. Each person that you refer will receive an email notifying him or her about the Sweepstakes. You may only refer persons with whom you have an existing relationship. Any email address may only be used once in the Refer a Friend Program during the Promotion Period.
Instant Win Game: The Instant Win Game (“Game”) is a game where Entrants will be challenged to click on a variety of objects, causing them to fall and break open a strongbox within a 1:30 (one and one-half minute) time limit. Entrants who do not open the strongbox within the allotted 1:30 (one and one-half minute) time limit will also have the opportunity to see if they are a winner by clicking directly on the strongbox at the end of the allotted time. Successful Game plays will not increase your chance of winning. For each day of the Promotion Period, there will be twenty-four (24) Hourly Instant Winners and one (1) Daily Instant Winner for a combined total of fourteen hundred (1400) random, pre-determined computer-generated winning times seeded over the course of the Promotion Period. If your entry is the first one received on or just after one of those predetermined times, you will be eligible to win the specific prize designated to that time, subject to meeting the eligibility requirements provided herein, and will be notified immediately on screen. All entries are subject to verification, confirmation and compliance with these Official Rules. Odds of winning an Instant Win Game Prize will depend on the time your entry is received and the total number of eligible entries received.
ALL POTENTIAL WINNING GAME PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE GAME SHOULD SO INDICATE, UNLESS AND UNTIL PARTICIPANT'S ELIGIBILITY AND THE POTENTIAL WINNING GAME PLAY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE . SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
Instant Win Game Prizes: There will be one thousand three hundred forty four (1344) Hourly Prizes and fifty six (56) Daily Prizes, as detailed below.
| Prize | Qty. | Approximate Retail Value | Aggregate Retail Value |
|---|---|---|---|
| YellaWood® Indoor/Outdoor Thermometer | 124 | $15.00 | $1,860 |
| YellaWood® Six pack cooler | 124 | $20.00 | $2,480 |
| YellaWood® micro-fiber towel | 124 | $30.00 | $3,720 |
| YellaWood® gardeners tote bag | 124 | $32.00 | $3,968 |
| Yella Fella bobble head | 124 | $17.95 | $2,225.80 |
| YellaWood® scratch pads | 124 | $7.49 | $928.76 |
| YellaWood® cap | 124 | $9.99 | $1,238.76 |
| YellaWood® t-shirt | 124 | $10.99 | $1,362.76 |
| Combo pack of YellaWood® items (boot koozie, sunglasses strap, stadium cup, sunscreen) | 124 | $14.44 | $1,790.56 |
| YellaWood® rain gauge | 124 | $12.99 | $1,610.76 |
| Riders In The Sky CD: Lassoed Live at the Schermerhorn | 104 | $20.00 | $2,080 |
| Totals | 1344 | $23,265.40 |
| Prize | Qty. | Approximate Retail Value | Aggregate Retail Value |
|---|---|---|---|
| Week #1 - Outdoor speakers | 7 | $400.00 | $2,800 |
| Week #2 - Large Green Egg Smoker | 7 | $927.50 | $6,492.50 |
| Week #3 - Planter set | 7 | $450.00 | $3,150 |
| Week #4 - Backyard game set | 7 | $515.00 | $3,605 |
| Week #5 - Adirondack chair set | 7 | $600.00 | $4,200 |
| Week #6 - Pressure washer | 7 | $719.00 | $5,033 |
| Week #7 - Hammock and metal stand | 7 | $375.00 | $2,625 |
| Week #8 - Chaise lounge set | 7 | $775.00 | $5,425 |
| Totals | 56 | $33,330.50 |
The total value of the Instant Win Game Prizes available to be won in this Promotion is $56,595.90 USD.
The prizes awarded pursuant to this Promotion shall be subject to the terms and conditions of the prize and the laws and regulations of the applicable winner’s jurisdiction of residence. Please allow 6-8 weeks for delivery of prize.
How to Claim Instant Win Game Prizes: If you have been notified on screen that you are a winner, you will be asked to reconfirm your shipping address and your prize will be mailed to the address provided. Sponsor is not responsible for programming, coding, or other web production errors and Sponsor may rescind, cancel or revoke this Promotion based on any such error without liability at its sole discretion. If by reason of programming or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. All properly claimed prizes will be awarded and delivered to verified winners.
LIMIT ON DAILY PRIZES: Limit of one (1) Daily Prize allowed per person/household for the duration of the Promotion Period.
Grand Prize Drawing: All Entrants are automatically entered into a Grand Prize Drawing upon completion of the registration process described in Section 5. The random drawing from amongst all eligible entries received will be held on or about April 7, 2010. Exactly one (1) Grand Prize package (“Grand Prize”) consisting of the items detailed below will be awarded to exactly one (1) Grand Prize Winner (“Grand Prize Winner”).
| Prize | Qty. | Approximate Retail Value | Aggregate Retail Value |
|---|---|---|---|
| YellaWood® Indoor/Outdoor Thermometer | 1 | $15.00 | $15.00 |
| YellaWood® Six pack cooler | 1 | $20.00 | $20.00 |
| YellaWood® micro-fiber towel | 1 | $30.00 | $30.00 |
| YellaWood® gardeners tote bag | 1 | $32.00 | $32.00 |
| Yella Fella bobble head | 1 | $17.95 | $17.95 |
| YellaWood® scratch pads | 1 | $7.49 | $7.49 |
| YellaWood® cap | 1 | $9.99 | $9.99 |
| YellaWood® t-shirt | 1 | $10.99 | $10.99 |
| Combo pack of YellaWood® items (boot koozie, sunglasses strap, stadium cup, sunscreen) | 1 | $14.44 | $14.44 |
| YellaWood® rain gauge | 1 | $12.99 | $12.99 |
| Riders In The Sky CD: Lassoed Live at the Schermerhorn | 1 | $20.00 | $20.00 |
| Outdoor speakers | 1 | $400.00 | $400.00 |
| Large Green Egg Smoker | 1 | $927.50 | $927.50 |
| Pressure washer | 1 | $719.00 | $719.00 |
| Backyard game set | 1 | $515.00 | $515.00 |
| Hammock and metal stand | 1 | $375.00 | $375.00 |
| Planter set | 1 | $450.00 | $450.00 |
| Adirondack chair set | 1 | $600.00 | $600.00 |
| Chaise lounge set | 1 | $775.00 | $775.00 |
| John Deere Lawn Tractor | 1 | $1,900.00 | $1,900.00 |
| YellaWood gazebo | 1 | $5,000.00 | $5,000.00 |
| Outdoor TV | 1 | $2,000.00 | $2,000.00 |
| Viking Ultra Premium Grill | 1 | $7,175.00 | $7,175.00 |
| Totals | 23 | $21,027.35 |
The odds of winning will depend on the total number of eligible entries received from you and all other Entrants. Upon receipt of any prize, Prize Winners are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and localtaxes are solely the Grand Prize Winner’s responsibility. Please allow 8-10 weeks for prize delivery.
If a potential Grand Prize Winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if he/she fails to return the signed Affidavit of Eligibility/Liability within seven (7) days, or if the potential Grand Prize Winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected in his/her place by random drawing amongst all remaining eligible entries received.
The total value of ALL prizes (instant win hourly, instant win daily, grand prize) available to be won in the Promotion is $77,623.25 USD.
Names of manufacturers are used for purposes of prize description only and such use is not intended to suggest or imply Viking®’s, Big Green Egg® or John Deere®’ssponsorship, endorsement, or the approval of this Promotion. Viking, Big Green Egg, and John Deere are not participants or sponsors of this Promotion.
General Terms: (a) Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Sponsor, or Brandmovers, Inc. Entrants agree to these Official Rules and to all decisions of Sponsor, or its designated agent, which are final and legally binding in all respects, and further agree that all prizes are awarded upon the condition that the Sponsor Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, “Released Parties”) shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession, installation, assembly or use/misuse of any prize, or participation in this Promotion or participation in any Promotion-related activities and further acknowledge that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose. As a condition of entering, Entrants agree that (1) under no circumstances 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, (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration under the rules of the American Arbitration Association; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees.
(b) Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Promotion should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration or security of the Promotion (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Instant Win Game). The Sponsor Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user's system or limit a Entrant's ability to participate and/or redeem prizes in the Promotion. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent of the law.
(c) The laws of the State of Alabama shall exclusively govern the Promotion. By accepting prizes, winners agree that Sponsor may use each winner's name, likeness, voice, photograph and/or biographical information, without limitation, for promotional purposes without further consideration or payment, where permitted by law. All expenses not specified herein are the winners’ responsibility. Taxes on and in connection with all prizes are winners’sole responsibility; Sponsor or its designated agent may issue a Form 1099 to the winners for prizes with an ARV of $600 or more. Normal Internet access and phone/usage charges imposed by your on-line/phone service will apply. Prizes are not transferable. No prize substitutions, cash substitutions or other substitutions allowed except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Entrants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any Entrants who are disqualified due to such an action.