Under the Canopy Sweepstake Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKE OR TO RECEIVE A PRIZE. A PURCHASE WILL NOT AFFECT OR IMPROVE THE CHANCES OF WINNING. This sweepstake (“Sweepstake”) is subject to all applicable laws and regulations. Void where prohibited or restricted by law.
1. Sponsor and Administrator: This Sweepstake is sponsored and administered by Portico Brands, LLC, a Delaware limited liability company, with offices at 156 Fifth Avenue, 10th Floor, New York, New York 10010 d/b/a “Under the Canopy” (“Sponsor”) and (“Sweepstake Administrator”).
2. Sweepstake Period: This Sweepstake will start on, November 3, 2021. This Sweepstake will begin on Wednesday, November 3, 2021 and end at 11:59pm, Eastern Time, Tuesday, November 9, 2021 (“Sweepstake Period”). All entries made for the Sweepstake must be received by and before the end of the applicable Sweepstake Period to be a valid entry.
3. Eligibility: This Sweepstake is open only to legal residents of the United States (including Puerto Rico, but excluding Guam and all other U.S. and foreign territories and possessions not otherwise mentioned herein) who are 18 years of age or older as of the date of entry. If entrant is a minor in his or her state or territory of legal residence, the minor must obtain his or her parent’s or legal guardian’s consent before participation, and any and all statements below regarding an entrant’s or winner’s agreement to, acceptance or acknowledgment of, these legal terms and conditions mean the agreement, acceptance or acknowledgment of the entrant’s or winner’s parent or legal guardian. This Sweepstake is not open to employees, independent contractors, officers, directors, agents or representatives of the Sponsor, the Sweepstakes Administrators or any of their parents, affiliates, subsidiaries, successors and/or assigns, or of Sponsor’s advertising, promotion and fulfillment agencies, and legal advisors (all such persons and entities including Sponsor and the Sweepstakes Administrators are referred to collectively as the “Sweepstakes Entities”) and the immediate family members (mother, father, brother, sister, daughter, son or spouse, regardless of where they live) and persons living in the same household (whether or not related) of any of the foregoing.
4. To Enter: You may enter the Sweepstake (described in more detail below) by completing the online survey sent to customers via email. There is a limit of one (1) entry per person; the use of multiple email addresses is prohibited. All entries carry an equal chance of winning. (a) Online Survey Entries – During the Sweepstake Period, you may visit the webpage, https://www.surveymonkey.com/r/D52HR6M, delivered via email, and complete the online survey. Upon completion of the survey, entrants will be instructed to opt into entering the Sweepstake. Completing the survey, is not, in itself, entering into the Sweepstake. An entrant must additionally enter themselves into the Sweepstake following completing the survey. No hand or e-mail deliveries of entries will be accepted. Sweepstakes Entities are not responsible for late, lost, delayed, stolen, incomplete, falsified, void, corrupted, garbled, misdirected, or otherwise unintelligible entries or for any problems, bugs or malfunctions you may encounter when submitting your entry. Incomplete, garbled, corrupted or otherwise illegible entries are void and will not be accepted. Sweepstakes Entities reserve the right to disqualify incomplete entries. Only one (1) entrant’s name may appear on an entry. In the event of a dispute as to the identity of the person submitting an entry, the entry will be deemed to be submitted by the authorized account holder of the e-mail address at the time of entry. “Authorized account holder” is the natural person who is assigned the e-mail address by the internet service provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail in question. Online entries must be made by the original, manual keystrokes of the individual entrant. Entries generated by a script, computer programs, macro, or other automated means will be subject to disqualification. Proof of sending an entry is not proof of receipt by Sweepstakes Entities. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.
5. Selection of Winners: Each eligible entry received during the Sweepstake Period will be entered into a random drawing for the prize available for the Sweepstake (see Paragraphs 2 and 6). The random drawings for the Sweepstake will be conducted following the end of the Sweepstake Period on November 10, 2021 (“Drawing Date”).
On the Drawing Date, one (1) entrant from the Sweepstake will be selected at random by a representative of a Sweepstakes Administrator from all eligible entries received during the Sweepstake Period. Attempts may be made to contact the selected entrant by phone and/or e-mail. The selected entrant may be required to respond (as directed) to the phone and/or e-mail notification within five (5) business days of the first attempt made to contact him/her. Before being confirmed as a prize winner, selected entrant may be required to execute and return a liability / publicity release (“Release”) within the time specified therein confirming compliance with the Official Rules, accepting the prize as awarded, releasing the Sweepstakes Entities from any liability in connection with this Sweepstake and, except where prohibited by law, allowing Sponsor to use his/her name, city and state of residence, portrait, image, picture, voice, likeness and comments as set out in Paragraph 8. If a selected entrant: (i) cannot be reached within the time prescribed; (ii) fails to complete and return Release (if required) within the time specified; (iii) cannot accept or receive the prize for any reason (including if the prize or prize notification is returned as nondeliverable); or (iv) is otherwise not in compliance with the Official Rules, he/she/they will be disqualified, he/she/they will not receive any prize and an alternate entrant will be randomly selected in accordance with the Official Rules from among the remaining eligible entries received from the Sweepstake during the applicable Sweepstake Period until such time as a winner is confirmed for that prize. The odds of winning a prize for the Sweepstake is the same for all who enter into the Sweepstake.
6. Prizes: For the Sweepstake, one (1) winner will be awarded a prize with an approximate prize value of $200. The prize is a $200 Under the Canopy gift card. The prize is non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded. Sweepstakes Entities are not responsible for replacing a Under the Canopy gift card prize if lost, stolen, mutilated or is otherwise rendered unusable due to any act or omission of prize winner or other third party. Redemption of gift card prize is subject to the terms and conditions thereof. Prize may not be exchanged for cash value or substituted, except that Sponsor reserves the right in its sole discretion to substitute with either the cash value of the prize, or a prize or prizes of equal or greater value. Applicable federal, state or local taxes and any other costs or expenses associated with the prize are the sole responsibility of the winner. There will be no other prizes. The Prize will be delivered to the confirmed winners valid email address used in Sweepstake entry (see Paragraph 5).
7. All entries become the property of Sponsor and will not be acknowledged or returned. By participating, each entrant (or, if entrant is a minor, entrant’s parent or legal guardian) agrees to comply with these official rules and agrees that Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in this Sweepstake or by any technical or human error that may occur in the processing of entries in this Sweepstake. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, the web site or any technical failure or malfunction, or any injury or damage to an entrant’s or any other person’s computer or property. IN NO EVENT WILL SPONSOR OR, ANY OTHER SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN THESE SWEEPSTAKES, ANY PRIZES WON, ENTRANT’S ACCESS TO OR USE OF SPONSOR’S OR A SWEEPSTAKES ADMINISTRATOR’S WEB SITES OR THE THIRD-PARTY APPLICATION, OR THE ACCESSING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SPONSOR’S AND SWEEPSTAKE ADMINISTRATOR’S WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
8. By accepting a prize in this Sweepstake, the winner (or, if winner is a minor, winner’s parent or legal guardian) grants to Sponsor, where permitted by law, the right to use and publish (worldwide and via the Internet) the winner’s name, city and state of residence, portrait, image, picture, voice, likeness and comments for advertising, trade and promotional purposes without notification, review or approval, and without additional consideration. BY ACCEPTING A PRIZE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WINNER AGREES NOT TO SUE OR BRING ANY LAWSUIT OR MAKE ANY CLAIM UNDER ANY THEORY WHATSOEVER AGAINST THE SPONSOR OR THE OTHER SWEEPSTAKES ENTITIES FROM OR IN CONNECTION WITH ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, PARTICIPATION IN THIS SWEEPSTAKE, THE WINNER’S SUBMISSION OR ANY SWEEPSTAKES-RELATED ACTIVITY. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WINNER AGREES TO WAIVE, RELEASE, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND ALL OTHER SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, CAUSES OF ACTION AND LIABILITY OF ANY NATURE WHATSOEVER, FOR ANY MATTER, CAUSE OR THING, INCLUDING, WITHOUT LIMITATION, ANY LOSS, INJURY OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER, WHETHER DIRECT, COMPENSATORY, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL, CAUSED OR CONTRIBUTED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, WHILE PREPARING FOR OR PARTICIPATING IN OR OTHERWISE ARISING FROM OR IN CONNECTION WITH ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, PARTICIPATION IN THIS SWEEPSTAKE, THE WINNER’S SUBMISSION OR ANY SWEEPSTAKES-RELATED ACTIVITY.
9. If, for any reason, this Sweepstake is not capable of running as planned because of circumstances including, but not limited to, unauthorized intervention, fraud, technical failures, or any other causes, which, in Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstake, Sponsor reserves the right, in their sole discretion and determination of fairness, and as permitted by applicable law, to cancel, terminate, modify or suspend this Sweepstake and, if possible, to select the winners from entries received prior to such event or interruption. Sponsor may disqualify any entrant who tampers with the entry process or operation of this Sweepstake or who violates these official rules.
10. By entering in the Sweepstake, each entrant (or, if entrant is a minor, entrant’s parent or legal guardian) acknowledges he/she/they has read, understands and will abide by these official rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants and/or Sponsor in connection with this Sweepstake, shall be governed by and construed in accordance with, the laws of the State of New York, without regard to the conflict of laws principles. In the event of any inconsistency between the full version of these official rules and any abbreviated rules, the one most beneficial for entrants shall prevail.
11. For the name of a winner of the Sweepstake, send a self-addressed stamped envelope with your request, indicating the requested Sweepstake Period to “Under the Canopy Survey-For-A-Chance-To-Win – Official Rules Request”, Portico Brands, LLC, 56 Fifth Avenue, 10th Floor, New York, New York 10010 d/b/a “Under the Canopy”. The request must be received within two years of the end of the requested Sweepstake Period.