Five-Star Backyards
Christmas Giveaway
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
This Sweepstakes is not sponsored, endorsed or administered by, or associated with Instagram. You understand that if selected as a prize winner you will be providing your information to Sponsor (defined below) and not to Instagram. The information you provide will only be used for purposes of administering this Sweepstakes. Any questions or comments regarding this Sweepstakes should be addressed to the Sponsor.
1. SPONSOR: The Five-Star Backyards Christmas Giveaway (“Sweepstakes”) is sponsored by Great Southern Wood Preserving, Incorporated, located at 1100 U.S. Highway 431 N, Abbeville, AL 36310 (“Sponsor”).
2. ELIGIBILITY: Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at time of entry. Employees and their immediate family members of Great Southern Wood Preserving, Incorporated, RTIC Coolers, LLC, Ventura Associates International LLC (“Administrator”), their parent companies, affiliates, subsidiaries, advertising agencies, promotion agencies involved in this Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to participate or win. Void where prohibited by law.
The term “immediate family members” means parents, step-parents, children, step-children, siblings, step-siblings, spouses or grandparents, regardless of where they live. By participating, you agree to abide by and be bound by these Official Rules, and the decisions of Sponsor and its agents are final and binding in all respects.
3. SWEEPSTAKES ENTRY PERIOD: Sweepstakes begins at 12:00 a.m. Central Time (“CT”) on December 11, 2023, and ends at 11:59 p.m. CT on December 17, 2023 (“Sweepstakes Entry Period”).
4. HOW TO ENTER: There is one (1) way to enter the Sweepstakes. During the Sweepstakes Entry Period, Sponsor will share one (1) or more Sweepstakes post(s) on its Instagram account. To submit your entry, you must follow the steps below.
a) Follow @YellaWood Instagram account (at www.instagram.com/yellawood) and @rticoutdoors (at www.instagram.com/rticoutdoors)
b) like the Sweepstakes post at @YellaWood Instagram account, and
c) comment on the same Sweepstakes post with hashtag #YellaWoodSweepstakes including tagging three (3) friends who have given you permission to do so.
Once you complete the steps mentioned, it will be considered your “entry.” Limit one (1) entry per person. If more than one (1) entry is received from an individual, only the first entry received will be entered in the random drawing. If your Instagram account is set to “protected or private mode,” your entry may not be visible to Sponsor and, therefore, may not be received by Sponsor, resulting in your failure to enter the Sweepstakes.
Entry guidelines: Your comment must NOT include the following:
- content in violation of third-party rights including, but not limited to: copyrights, trademark, right of publicity or any other proprietary rights unless you have their permission prior to posting;
- content that is libelous, defamatory, adult-oriented or sexually explicit, offensive language, portraying or advocating violence, discrimination, illegal activities, racism or hatred;
- content that denigrates, disparages or reflects negatively on the Sponsor, its products or its employees, or on any other person, company, product or service.
If an entry includes any of the prohibited elements listed above, the entry will be disqualified, along with the entrant who submitted it. The above list is not intended to be exhaustive; the Sponsor reserves the right to disqualify any entry for any reason, in its sole and absolute discretion, including if it finds an entrant acting in an unsportsmanlike or disruptive manner or harassing other entrant(s), or it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deceiving or using other unfair playing practices. Sponsor is under no obligation to disclose why an entry has been disqualified other than the entry was ineligible under these Official Rules. Use of any automated system to participate is prohibited and will result in disqualification. If the Sponsor suspects that an entrant attempted to obtain additional entries by using multiple accounts/identities or any other method, all entries submitted by the entrant will be declared null and void, and the entrant may be disqualified from participation in the Sweepstakes at the Sponsor’s sole discretion. In the event of a dispute as to the ownership of any entry, the authorized account holder of the email address (associated with the Instagram account) submitted at time of entry will be deemed to be the entrant. “Authorized account holder” means the natural person who is assigned to an email address by an online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Normal internet access and data usage charges imposed by your online and cell phone service provider may apply. Sponsor is not responsible for any incorrect or inaccurate entries captured from Instagram, whether caused by entrants, technical errors or by any of the programming associated with the Sweepstakes.
Sponsor reserves the right to use any comment/reply submitted in this Sweepstakes on any of its social media accounts or on any other website controlled by Sponsor. The inclusion of an entry in the Sponsor’s social media feeds or website(s) does not indicate that the entrant who submitted it is a winner. By submitting an entry, you hereby agree to grant the rights to the Sponsor, its affiliates and agents, and forever release and hold the Sponsor, their respective affiliates and subsidiaries, promotion agencies involved in this Sweepstakes and their officers, directors and employees of each of the foregoing, harmless from and against any liability of any kind arising from or in connection with any use of the entry.
5. PRIZES: A total of three (3) prizes will be awarded.
One (1) Grand Prize: 52qt Ultralight RTIC Cooler (printed with YellaWood tag), two (2) RTIC Tumblers, two (2) RTIC Chairs, RTIC Wagon, and Beaver. Approximate retail value (“ARV”) of Grand Prize: $577.94.
One (1) Second Prize: Mini Solo Stove (Mesa XL), JBL Portable Speaker, RTIC Tumbler, and Beaver. Second Prize ARV: $219.97.
One (1) Third Prize: RTIC Tumbler, Beaver, two (2) Hats, YellaWood Outdoor Blanket, and YellaWood Lantern. Third Prize ARV: $92.41.
Total ARV of all prizes: $890.32. Limit: one (1) prize per household. Odds of winning a prize depend upon the total eligible entries received. Selection of prize items (i.e., size, color, material, style, etc.) is at Sponsor’s sole discretion.
No substitution or cash redemption permitted. Prize is non-transferable and non-refundable. Sponsor reserves the right, in its sole discretion, to substitute a prize with a prize of comparable value if the stated prize or portion of prize becomes unavailable for any reason. Prize is awarded as is, or winner forfeits all rights to prize. Prize images depicted in advertising and promotional materials may vary from the actual prize as any depiction of a prize is for illustrative purposes only. Reference to any brands in connection with prizes is for reference and identification purposes only and not intended to suggest endorsement or sponsorship. All federal, state and local taxes (including income taxes), if any, as well as any other costs and expenses associated with claiming or using a prize and not specifically mentioned herein are not included and are solely each winner’s responsibility.
6. WINNER SELECTION AND NOTIFICATION: Random drawings will be conducted on or about December 18, 2023 under the supervision of the Administrator whose decisions are final and binding. Each potential winner is subject to verification and entrant’s full compliance with these Official Rules before a prize can be awarded. After the random drawing is conducted, the Sponsor or Administrator will notify the potential winner via Instagram. To claim a prize, potential winner will be required to complete and submit an Eligibility/Liability/Publicity Release (“Release”) within forty-eight (48) hours of notification. At the sole discretion of the Sponsor or Administrator, disqualification, forfeiture and the selection of an alternate potential winner may result from any of the following: [a] potential winner’s failure to respond to notification within forty-eight (48) hours after its transmission; [b] the failure of notification due to deactivation of the potential winner’s account; [c] potential winner’s account is set to block notification from the Administrator or Sponsor; [d] potential winner’s failure to return the completed Release within forty-eight (48) hours after transmission; [e] email to the potential winner is returned undeliverable; [f] a potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency, if required; [g] a potential winner’s failure to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the account associated with the winning entry, if required; [h] a potential winner’s failure to provide any required additional information upon Sponsor’s request; and/or [i] any other non-compliance with these Official Rules. Sponsor and Administrator are not responsible for the Instagram function that may interfere with the notification to potential winner. Any unclaimed prize may not be awarded at Sponsor’s sole discretion. Sponsor is not responsible for any returned/undeliverable prizes or delays in prize delivery caused by the delivery carrier. Returned or undeliverable prize will be forfeited.
7. LIMITS ON LIABILITY: By entering, you (i) agree to be bound by these Official Rules, including all eligibility requirements; (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Sweepstakes; and (iii) release, hold harmless, and indemnify Sweepstakes Entities, Instagram, from, and hereby waive any claims to, all claims, losses, injury, damages and liability of any kind to person(s), including death, or property damage arising directly or indirectly or relating to your acceptance, possession, use and/or misuse of a prize, and participation in the Sweepstakes, including privacy or right of publicity claims or claims related to merchandise delivery.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Entrant acknowledges that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of such laws to preserve future unknown claims.
The Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted and are not responsible for: (a) entries from persons residing, or physically located, outside the eligible area mentioned in section 2 above; (b) entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; (c) lost, interrupted or unavailable networks, servers, satellites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures or difficulties, clerical, typographical or other errors in connection with the administration of the Sweepstakes, the processing of entries or the offering or announcement of the prizes or in any prize notification documents; (e) any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic or technical in nature; (f) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes, or (g) damage to entrant's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes, even if caused by the negligence of any of the Sweepstakes Entities. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes at any time if fraud, technical failures, any unanticipated occurrence that is not fully addressed in these Official Rules or any other errors or other causes corrupt the administration, security, or integrity of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the winners by random drawing from among all eligible, non-suspect entries received up to the time of such cancellation, and in a manner determined by Sponsor to be fair, appropriate, and consistent with these Official Rules.
8. PUBLICITY: Acceptance of a prize (if determined a winner) constitutes permission for Sponsor to use each winner's name, winner’s comment, winner’s social media profile, prize won, hometown, photographs/videos and likeness for online posting and promotional purposes without further compensation, permission or notification, except where prohibited by law.
9. DISPUTES: If any part of these Official Rules is deemed to be invalid or otherwise unenforceable or illegal, the balance of these Official Rules will remain in effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. Except where prohibited, entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded must be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in New York, NY; (b) the Sweepstakes will be governed and enforced pursuant to the laws of the State of New York and the federal laws of the United States of America, without regard to the conflicts of laws provisions thereof; (c) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM INDIRECT, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
10. PRIVACY: By participating in this Sweepstakes, you acknowledge and agree that your personal information supplied to Sponsor may be used by Sponsor for internal marketing purposes. Information provided by you will be treated consistent with Sponsor's privacy policy, which is located at https://www.yellawood.com/privacy-policy/. The Administrator will also have access to your personal information for purposes of administering this Sweepstakes.
11. WINNERS LIST: For winners’ information, available after all winners are verified, send a self-addressed, stamped envelope (by December 22, 2023) to: Ventura Associates, YellaWood Five-Star Backyards Christmas Giveaway Winners Ref# WG, 494 Eighth Ave, Suite 1700, New York, NY 10001.
12. ADMINISTRATOR: Ventura Associates International LLC, 494 Eighth Ave, Suite 1700, New York, NY 10001.