ICEBREAKER “FALL INTO MERINO T-SHIRT” GIVEAWAY
NO PURCHASE NECESSARY; PURCHASE DOES NOT INCREASE CHANCES OF WINNING
Sponsor: Icebreaker, a division of VF Outdoor, LLC, 1551 Wewatta St., Denver, CO 80202 USA.
Open only to legal residents of the United States and Canada, 18 years of age** or older. Employees, officers, directors and independent contractors (including influencers, endorsers and “brand ambassadors”) of Sponsor, its parent company, subsidiaries, affiliates, or of any agencies/entities involved in the development, production or administration of the Giveaway (hereafter, “Sweepstakes”) are not eligible to enter or win a prize. Sweepstakes is offered only in the United States and Canada. Void where prohibited by law.
**In those jurisdictions where persons who are 18 years of age are considered a minor under applicable law, one must be the age of majority in order to enter the Sweepstakes.
By entering this Sweepstakes, you agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects and not subject to appeal.
1. SWEEPSTAKES PERIOD:
November 3, 2023 at 12:00:01 a.m. Mountain Standard Time [MST] – November 30, 2023 at 11:59:59 p.m. MST. Sweepstakes Period is comprised of four (4) weeks as follows:
|Week||Start Date||End Date|
|1||November 3, 2023||November 9, 2023|
|2||November 10, 2023||November 16, 2023|
|3||November 17, 2023||November 23, 2023|
|4||November 24, 2023||November 30, 2023|
2. HOW TO ENTER:
From a compatible mobile device, text MERINO to 36013 (for the United States) or 34444 (for English Canada). For French Canada, text AUTOMNE to 34444. Message and Data Rates May Apply. Sending text message will result in charges from your wireless carrier as set forth in your calling plan. By sending a text message, you also agree to receive recurring marketing SMS and MMS messages, including text messages, using an automatic telephone dialing system from Icebreaker. To stop receiving such marketing SMS and MMS messages, text STOP in reply to any message. You may also text HELP for further information. Consent is not a condition of any purchase. For further information, please see Icebreaker’s SMS Terms and Conditions here: https://www.icebreaker.com/en-us/sms-terms-conditions.html
3. ALTERNATE METHOD OF ENTRY:
Send an e-mail with ICEBREAKER FALL INTO MERINO T-SHIRT GIVEAWAY ENTRY in the subject line and your name, city/state or province in the body. United States residents: send the e-mail to firstname.lastname@example.org; Canadian residents: send the e-mail to email@example.com. (Those persons who have already signed up to receive SMS and MMS messages from Icebreaker may only participate via the alternate method of entry.) INTERNET ACCESS AND VALID E-MAIL ADDRESS ARE REQUIRED TO ENTER THE SWEEPSTAKES VIA THIS METHOD. Should you use a mobile device to send the e-mail, message and data rates and/or wireless Internet access charges may apply and are your sole responsibility.
4. PRIVACY RESTRICTIONS:
5. ENTRY RESTRICTIONS:
(a) Limit of one (1) entry per person. You may enter either via text message (as per Rule 2) or e-mail (as per Rule 3) but NOT using both methods. If you enter multiple times, only your first entry will be considered for possible Sweepstakes entry with all additional entries void. However, should Sponsor determine that you have egregiously or repeatedly violated the entry limit, you will be disqualified from the Sweepstakes altogether.
(b) In the event of a dispute as to the identity of a person who entered pursuant to Rule 2, the text message will be deemed made by the authorized account holder of the cellular phone number used to send the text message (that is, the natural person who is assigned a cellular phone number by a wireless service provider as reflected in the wireless service provider’s business records.)
(c) In the event of a dispute as to the identity of a person who entered pursuant to Rule 3, the e-mail will be deemed made by the authorized account holder of the e-mail account used to send the e-mail (that is, the natural person who is assigned to the e-mail address by an Internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses.)
6. WINNER DETERMINATION & NOTIFICATION:
(a) Winners will be selected via random drawing, with eligible entries being sorted by country of residence of entrant (i.e., Canada or the United States). For each week of the Sweepstakes (as defined in Rule 1 above), Sponsor will conduct (i) one random drawing from among all eligible entries received during that week from Canadian residents and any non-winning eligible entries received for previous week(s) of the Sweepstakes from Canadian residents (as applicable) and (ii) a second random drawing from among all eligible entries received during that week from U.S. residents and any non-winning eligible entries received for previous week(s) of the Sweepstakes from U.S. residents (as applicable). One entry will be selected in each week’s random drawing from Canadian residents and one entry will be selected in each week’s random drawing from U.S. residents, for a total of two (2) entrants selected per week.
(b) The random drawings will be conducted at Sponsor’s offices in Denver, Colorado USA on the following dates in all cases at 11:00 a.m. MST:
|1||November 10, 2023|
|2||November 17, 2023|
|3||November 27, 2023|
|4||December 1, 2023|
(c) For the random drawings for Canadian residents, in order to be deemed a potential prize winner, the selected entrant must first correctly answer a mathematical skill-testing question within a pre-determined time limit without assistance of any kind.
(d) If selected entrant entered via text message (as per Rule 2), they will be notified via text message from Sponsor. If selected entrant entered via e-mail (as per Rule 3), they will be notified via e-mail from Sponsor.
(e) Selected entrant may be required to sign a Declaration of Eligibility, Liability Release and a Publicity Release (where legal) to be returned within a designated time period. Failure to do so (if applicable) or if selected entrant cannot be contacted for any reason despite commercially reasonable efforts by Sponsor to do so (including delayed receipt of text message or e-mail notification of selection of entry via random drawing or such communication not being deliverable whatsoever, whether due to filtering or any other reason), prize will be forfeited without compensation of any kind and an alternate entry may be selected from among all remaining eligible entries received for the affected weekly Canadian or U.S. random drawing as set forth above.
7. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS OF WINNING:
Prize (8 in total, 1 per week for Canadian entrants and 1 per week for U.S. residents) –Icebreaker Merino T-shirt. ARV: $80 (USD)/$95 (CAD) each.
Odds of winning depend on the total number of eligible entries received.
(a) Icebreaker T-shirt is subject to availability as to style, size and color. Prize must be accepted as awarded.
(b) Limit of one (1) prize per family, address or household.
(c) Prize is not transferable except with Sponsor’s permission, which may be granted or withheld in Sponsor’s sole discretion and without liability of any kind.
(d) Prize will only be delivered to a street address in the United States or Canada.
(e) No prize substitution permitted except by Sponsor due to unavailability of prize for any reason and only then for prize of equal or greater value.
(f) Prize is NOT redeemable or exchangeable by winner for cash.
(g) Taxes on prize and unspecified expenses related to acceptance/use of prize are winner’s sole responsibility. If winner is a Canadian resident, they may be responsible for foreign withholding tax on the value of the prize and agree to fully cooperate with Sponsor and its representatives as to the reporting of same as required by applicable law.
8. ADDITIONAL CONDITIONS OF PARTICIPATION:
(a) By participating, entrant releases and agrees to hold harmless Sponsor, its parent company, subsidiaries, affiliates, or of any agencies/entities involved in the development, production or administration of the Sweepstakes and the directors, officers, employees and agents of any of the above organizations from any and all liability arising from the Sweepstakes or the receipt, acceptance, use or misuse of prize (as applicable).
(b) Sponsor is not responsible for late, lost, illegible/garbled, inaccessible, corrupted, incomplete, damaged or misdirected entries (including entries sent to the incorrect country text code or e-mail address), all of which are void. Sponsor is also not responsible for programming, electronic, technological, telephonic, network or other malfunction, error or failure which in any way affects or interferes with the operation of the Sweepstakes; or for entries not timely received, not received in a usable format or that are inaccessible regardless of cause.
(c) If Sweepstakes cannot be conducted as originally planned due to any cause beyond Sponsor’s control (e.g., computer virus, act of fraud, natural disaster) and subject to securing any necessary governmental approvals, Sponsor may cancel/suspend/modify Sweepstakes and determine the winner(s) for affected weekly random drawing(s) for the U.S. and/or Canada from among all eligible entries received for affected weekly random drawing(s) via the affected entry method(s) prior to and/or after the action taken by Sponsor and via the unaffected entry method (if any) or otherwise in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules; notice of such action by Sponsor will be posted at www.icebreaker.com.
(d) Should there be any inconsistency between the English language version and French translation of these Official Rules, the English language version shall prevail, govern and control to the fullest extent permitted by law.
(e) Tampering with Sweepstakes or violation of these Official Rules will result in disqualification; but, disqualification shall not represent the sole remedy available to Sponsor.
(f) Sponsor’s failure to enforce any provision of these Official Rules in a given instance is NOT a waiver of such provision.
(g) Any dispute or claim regarding the Sweepstakes will be resolved pursuant to the internal, substantive law of Colorado, USA. Any such dispute/claim must be brought individually (NOT as part of a class action) in U.S. federal or state court in Denver County, Colorado, USA, with recovery being limited to one’s actual costs in participating in the Sweepstakes (if any) with all damages or other forms of recovery being expressly waived.
(h) If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Official Rules.
9. FOR QUÉBEC RESIDENTS:
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
10. WINNERS’ LIST:
For names of winners (first name, last initial; city/state/province and country), send an e-mail request with “Icebreaker Fall Into Merino T-Shirt Giveaway Winners” in the subject line. United States residents: send the e-mail to firstname.lastname@example.org; Canadian residents: send the e-mail to email@example.com. Winners’ list will be available after December 26, 2023; winners’ list request must be received by December 11, 2023 at 5:00 p.m. MST.