OFFICIAL RULES FOR

MARMOT SHARE THE WARMTH SWEEPSTAKES


NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER, PARTICIPATE, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCE OF WINNING. OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA) WHO HAVE REACHED THE LEGAL AGE OF MAJORITY IN THE STATE IN WHICH THEY RESIDE AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.

 

1.           SWEEPSTAKES & SPONSOR: The Marmot Share the Warmth Sweepstakes series (“Sweepstakes”) are sponsored by Marmot Mountain, LLC, 5789 State Farm Drive, Suite 100, Rohnert Park, CA 94928 (“Sponsor”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, LLC (“Instagram”) or Facebook, LLC (“Facebook”) (collectively, the “Social Media Platforms”) or the One Warm Coat organization. The Social Media Platforms are not involved in any way, other than as one of the platforms through which this Sweepstakes may be conducted. Any questions, comments or complaints about this Sweepstakes should be directed to Sponsor and not the Social Media Platforms.



2.           AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

 

3.        SWEEPSTAKES PERIODSThe Sweepstakes consists of fifteen (15) distinct daily sweepstakes to be administered. The Sweepstakes periods are as follows, each an individual sweepstakes period (“Sweepstakes Period”): 

 

Day 1: November 11, 2020 (12:00 AM EST – 11:59 PM EST)

Day 2: November 12, 2020 (12:00 AM EST – 11:59 PM EST)

Day 3: November 13, 2020 (12:00 AM EST – 11:59 PM EST)

Day 4: November 14, 2020 (12:00 AM EST – 11:59 PM EST)

Day 5: November 15, 2020 (12:00 AM EST – 11:59 PM EST)

Day 6: November 16, 2020 (12:00 AM EST – 11:59 PM EST)

Day 7: November 17, 2020 (12:00 AM EST – 11:59 PM EST)

Day 8: November 18, 2020 (12:00 AM EST – 11:59 PM EST)

Day 9: November 19, 2020 (12:00 AM EST – 11:59 PM EST)

Day 10: November 20, 2020 (12:00 AM EST – 11:59 PM EST)

Day 11: November 21, 2020 (12:00 AM EST – 11:59 PM EST)

Day 12: November 22, 2020 (12:00 AM EST – 11:59 PM EST)

Day 13: November 23, 2020 (12:00 AM EST – 11:59 PM EST)

Day 14: November 24, 2020 (12:00 AM EST – 11:59 PM EST)

Day 15: November 25, 2020 (12:00 AM EST – 11:59 PM EST)

 

4.        ELIGIBILITY: The Sweepstakes and eligibility is subject to all federal, state, and local laws and regulations and is void where prohibited. 

 

(a)  Entrant. The Sweepstakes is only open to legal residents of the fifty (50) United States (including the District of Columbia), who have reached the legal age of majority in the state in which they reside (unless prohibited by applicable law) and are physically located within the fifty (50) United States (including the District of Columbia) at the time of Entry (as defined below) and are otherwise eligible under these Official Rules (“Entrant”). 

(b) Ineligible Entrant. Employees, officers, directors, representatives or agents of: (a) Sponsor and Sponsor’s parent, subsidiary or affiliate companies (collectively, the “Sponsor Entities”); (b) Sponsor Entities’ advertising/promotion agencies and their parent, subsidiary or affiliate companies, including but not limited to, ShortStack.com or Pancake Laboratories, Inc., One Warm Coat, and including Newell Brands Inc. and its affiliate companies (collectively, the “Promotion Entities”); or (d) the immediate family (as defined by the IRS) and household members (persons living in the same household at least 3 months a year, whether or not related) of any such employees, officer, directors, representative or agents of Sponsor Entities or Promotion Entities are not eligible to enter or participate in the Sweepstakes.

(c)   Access Requirements & Related Charges. Internet access and a valid email address is required in order to participate in the Sweepstakes. An Entrant is not permitted to share the same email address as any other Entrant; therefore, each Entrant must have his/her own unique email address. In the case of a dispute over the identity of an Entrant, the authorized account holder of the email account used to enter will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entrant is responsible for all costs associated with participating in the Sweepstakes, including but not limited to, normal phone/data/usage/subscription access charges imposed by Entrant’s phone/mobile service provider. Entrant must check with their wireless/online service provider for details or any applicable charges. 

 

5.        HOW TO ENTER: No purchase is necessary to enter or participate in the Sweepstakes. An Entrant may enter the Sweepstakes in accordance with the requirements and one (1) of the entry methods described below (“Entry”). 

(a) Sweepstakes Landing Page Entry Method. Followers of Sponsor’s Marmot United States Social Media Platform pages, as well as users on these Social Media Platforms who are targeted by advertisements, will receive a post at the beginning of the Sweepstakes and during each Sweepstakes Period; subscribers of Sponsor’s newsletters and other email advertisements may receive one or more emails during the Sweepstakes Period inviting eligible Entrants to participate in the Sweepstakes by clicking a link located at https://bit.ly/36l1LQv that will redirect them to a landing page on Sponsor’s website (“Sweepstakes Landing Page”). Upon Entrant’s completion of the entry in accordance with the instructions set forth on the Sweepstakes Landing Page and in compliance with these Official Rules, Entrant will receive one (1) Entry into the Sweepstakes for the same day of the Sweepstakes Period on which the Entry was received as set forth in Section 3 above. An Entry is valid only for that Sweepstakes Period on which the Entry was received, and no Entry will roll over to subsequent Sweepstakes Periods.

(b) Alternate Electronic Mail (“Email”) Entry Method. Entrant must submit an entry form pursuant to the instructions and requirements stated below. Entrant must submit an Email in English, which includes the following information: Entrant’s first and last name, age, and email address. The Email must be sent to: [email protected], and upon Sponsor’s receipt of the entry form, Entrant will receive one (1) Entry into the Sweepstakes for the same day of the Sweepstakes Period on which the Entry was received as set forth in Section 3 above. An Email Entry is valid only for that Sweepstakes Period on which the Email Entry was received, and no Email Entry will roll over to subsequent Sweepstakes Periods.

 

Any attempted form of Entry, other than the entry methods described herein, or Entries made on another’s behalf by any other individuals or any other entity, including but not limited to: (i) Entries made by a commercial contest/sweepstakes subscription notification and/or entering service; (ii) Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method; (iii) Duplicate and/or substantially similar Entries, as determined by Sponsor in its sole discretion; (iv) and/or incomplete Entries, are ineligible will be declared invalid and disqualified from this Sweepstakes.

 

6.        ADDITIONAL ENTRY REQUIREMENTS/RESTRICTIONS:

 

(a)  Limits. An Entrant may submit only one (1) Entry per Sweepstakes Period, and may only be eligible to win one (1) time during the entire Sweepstakes. Once an Entry is submitted, it cannot be deleted, cancelled or modified. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. The Potential Winner(s) (as defined below) may be required to show proof of being an authorized account holder. All Entries become the property of Sponsor and will not be acknowledge or returned.

(b) Valid Entries. Sponsor will determine in its sole discretion what constitutes a valid Entry, and Sponsor reserves the right to reject or disqualify any Entry which Sponsor determines to be inconsistent with these Official Rules.    

 

7.        DRAWING(S) & SELECTION OF WINNER(S): Sponsor will conduct a total of fifteen (15) random Drawings (defined below), each consisting of one (1) Prize Winner. Each Drawing will be conducted in Reno, Nevada. To be eligible to be selected as a Potential Prize Winner in any Drawing, Entrant must submit and Sponsor must receive a valid Entry by the Drawing’s entry deadline specified above.

 

(a) Drawing. Sponsor will conduct a total of fifteen (15) random drawings on the drawing dates specified below (each a “Drawing”), in which one (1) Entrant will be selected from amongst all valid Entries received by the Drawing’s entry deadline specified above as a potential Sweepstakes Period daily winner (each a “Potential Winner”). Subject to verification and compliance with these Official Rules, each Potential Winner will be deemed a winner (“Winner”) and will receive one (1) Prize Package (as defined below). 

(b) Drawing Dates. The Drawing dates for each of the sweepstakes drawings are to be conducted approximately as follows, and in no event on an earlier date than as set forth below:

 

Day 1 drawing date: November 12, 2020

Day 2 drawing date: November 13, 2020

Day 3 drawing date: November 14, 2020

Day 4 drawing date: November 15, 2020

Day 5 drawing date: November 16, 2020

Day 6 drawing date: November 17, 2020

Day 7 drawing date: November 18, 2020

Day 8 drawing date: November 19, 2020

Day 9 drawing date: November 20, 2020

Day 10 drawing date: November 21, 2020

Day 11 drawing date: November 22, 2020

Day 12 drawing date: November 23, 2020

Day 13 drawing date: November 24, 2020

Day 14 drawing date: November 25, 2020

Day 15 drawing date: November 26, 2020

 

8.        ODDS OF WINNING: Odds of winning depend on the number of valid Entries received by such Drawing Dates’ respective Entry Deadline during the Sweepstakes Period. 

 

9.       WINNER VERIFICATION: Upon Sponsor’s receipt and verification of the Prize Claim Documents (as defined below) and after Sponsor has verified Potential Winner’s full compliance with these Official Rules, the Potential Winner will be deemed a Winner, and will be notified as described below. If a notice is returned as undeliverable, if a Potential Winner fails to respond or execute and return any required documentation as directed, or if a Potential Winner is determined to be ineligible or disqualified for any reason, his/her Prize will be forfeited, and Sponsor reserves the right in its sole discretion to select an alternate Potential Winner from remaining eligible Entries following the same verification process.

 

(a) Notification. Sponsor will notify each Potential Winner by sending a written notification by email to the address provided on the Potential Winner’s Entry within five (5) days of the Drawing Date (“Winner Notification”). Sponsor is not obligated to attempt to notify or provide notification to a Potential Winner by any other method or means of communication. 

(b) Prize Claim Documents. The Potential Winner must respond by email within fifteen (15) days (or other timeframe designated by Sponsor) of issuance of a Winner Notification and provide the requested verification information (“Prize Claim Documents”). Prize Claim Documents may include, but are not limited to: (i) an executed Affidavit of Eligibility, Liability Release, and (where applicable) a Publicity Release form; and (ii) tax forms (including I.R.S. Form W-9).

 

10.      PRIZEEach Prize (each defined below) does not include any taxes, surcharges, or other expenses not expressly listed herein and shall be the sole responsibility of Winner. The Prize cannot be used in conjunction with any other promotion or offer. All details and other restrictions of any Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Prize is non-assignable and non-transferable. Other than as expressly permitted by these Official Rules, no cash alternative or prize substitution will be allowed, except that Sponsor reserves the right in its sole discretion to substitute any item contained in a Prize with an item of comparable value, if any item listed in the Prize is unavailable, in whole or in part, for any reason. The approximate retail value (“ARV”) may vary and may change subject to current market conditions at the time of the Prize award. The prize will be mailed to winners upon claim verification.

 

“Prize” shall be one (1) Marmot WarmCube Featherless Hoodie, having an ARV of $400. Winner will provide their requested size and color preference. Note color preference is not guaranteed and is limited to stock on hand. Prize shall not include any items to be donated by or on behalf of Sponsor to any third party in conjunction with the operation or advertising of this Sweepstakes and Entrant is not be entitled to receive any right or control to direct any such donation.

 

11.      PUBLICITYExcept where legally prohibited, participation in the Sweepstakes and acceptance of the Prize constitutes Entrant’s agreement and consent to grant Sponsor Entities and Promotion Entities a royalty-free, irrevocable, perpetual, worldwide non-exclusive license to use, distribute, copy, reproduce, modify, publish, create derivative works from, and display in any form, social media platform, media or technology now known or later developed: (a) any information provided or submitted during Entrant’s participation in the Sweepstakes; including but not limited to Entry and Prize Claim Documents without additional compensation, notice, review or approval. Upon request, Entrant agrees to sign documentation evidencing the rights, licenses and releases described and granted by Entrant in these Official Rules.

 

12.      RELEASEBy participating in the Sweepstakes, each Entrant agrees to forever and irrevocably release and hold harmless the Sponsor Entities, Promotion Entities and Social Media Platforms, and all of their respective successors and assigns (collectively, the "Released Parties"), from any and all liability for any loss, harm, damage, injury, cost or expense of any nature whatsoever (including attorneys' fees) which may occur in connection with the Sweepstakes or any element or participation therein, including Entry or delivery, possession, acceptance and/or use or misuse of any Prize or component thereof. In addition, by participating in this Sweepstakes, each Entrant agrees to indemnify and hold harmless the Released Parties from and against any and all damages, losses, amounts paid in settlement, costs and expenses (including reasonable attorneys' fees) incurred by any of the Released Parties in connection with any third-party claim, demand, liability, suit, proceeding or action arising out of or resulting from (i) breach or alleged breach of any representations, warranties or agreements of Entrant hereunder, or (ii) Entrant's possession, use or misuse of any Prize or component thereof. Each Entrant hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize (or any components thereof). Without limiting the generality of the foregoing, the Prize is provided "as is" without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.

 

13.      LIMITATIONS OF LIABILITY: The Released Parties are not responsible or liable in any part of the administration of the Sweepstakes or Entry process or the Sweepstakes for: (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures or human error of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention; (d) Entries, Prize Claim Documents or Winner Notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts, technical difficulties associated therewith or an Entrant's failure to adequately monitor his/her email or telephone messages; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes or receipt or use or misuse of any Prize. No more than the stated number of Prize will be awarded.

 

14.      GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion and in the event of cancellation, suspension, and/or modification of the Sweepstakes, to award the Prize in a random drawing from all eligible Entries received as of the date of such cancellation, suspension or modification. 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 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 PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

15.      SEVERABILITY: Sponsor's failure to enforce any term or provision of these Official Rules shall not constitute a waiver of that term or provision. The invalidity or unenforceability of any provision of these 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

16.      CONSTRUCTION, CONTROLLING LAW & DISPUTE RESOLUTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE RELEASED PARTIES IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. By participating in this Sweepstakes, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against the Released Parties, relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any Prize, and/or (iii) the determination of the scope or applicability of the Official Rules, will be resolved individually and exclusively in the state or federal courts of the State of Delaware.

 

17.     WINNERS LIST/OFFICIAL RULESThe Winners’ names and Official Rules shall be posted on Sponsor’s website at https://www.marmot.com/share-the-warmth-official-rules.html. To obtain a copy of these Official Rules, print this page. To obtain a copy of any legally-required Winners’ list, send a self-addressed, stamped envelope to be received by December 31, 2020, to: Marmot Mountain, LLC, 5789 State Farm Drive, Suite 100, Rohnert Park, CA 94928.

 

18.      PRIVACY POLICY: Please see Sponsor’s privacy policy at: https://privacy.newellbrands.com/index_en.html regarding Sponsor’s use of personal information collected in connection with this Sweepstakes. By entering, Entrants consent to the collection, use and distribution of their personal information by the Sponsor: (i) for the purposes of running the Sweepstakes including confirming eligibility and Prize Claim Documents, (ii) as permitted by these Official Rules, including as permitted by any release signed, and (iii) as otherwise permitted by Sponsor's Privacy Policy.

 

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