official rules

OFFICIAL RULES for McShep.com Art Giveaway

Last updated: November 11, 2023

NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE THE ENTRANT’S ODDS OF WINNING. SUBJECT TO ALL FEDERAL, STATE, LOCAL, AND PROVINCIAL LAWS, REGULATIONS, AND ORDINANCES.

McShep.com (“Sponsor”) gives away a fine art print by artist Clark Sheppard. Entrance for the giveaway begins at 12:01 AM Mountain Standard Time (“MST”) on the first day of the announcement and continues until the winner is announced on the selected day, which is listed here https://sedonaartstudios.com/art-giveaway/ (the “Giveaway Period”). The name and size of the print can be seen at https://sedonaartstudios.com/art-giveaway/ and is updated at the beginning of each Giveaway Period.

ELIGIBILITY: The McShep.com Art Giveaway (the “Art Giveaway”) is open to legal residents of the United States and the District of Columbia (except those residing in ID, NE, NJ, PR, WV, US Virgin Islands, and other US territories, possessions and military installations), who is 18 at the date and time of entry. Employees and directors of LaurenForcella.com or any of its parent companies (or subsidiaries thereof), affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Sponsor reserves the right to verify the eligibility of the Winner. Any entry shall be rendered void if in contravention of these Giveaway Rules (“the Official Rules”) or where prohibited or restricted by law.

TO ENTER: For a chance to win a prize, participants (“Entrants”) may enter the Giveaway during the Giveaway Period by filling out completely and accurately an online entry form at www.mcshep.com. Participation is LIMITED TO ONE (1) ENTRY PER PERSON PER GIVEAWAY PERIOD. In the event more than one (1) entry is received from any one (1) person during the giveaway period, the first entry processed will be considered the only valid entry received. In the event of a dispute regarding an entry, entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address.

SELECTION AND NOTIFICATION OF WINNERS/ODDS: The sponsor will select one (1) potential Winner using a random drawing method (“Prize Drawing”) from the pool of all eligible entries received up until the end of the Giveaway Period and will exclude any entrant who has won a previous Art Giveaway. The drawing time and date are located at https://sedonaartstudios.com/art-giveaway/. The odds of being selected as a Winner are based on the total number of eligible entries received up until the date and time of the drawing. Entrants do not need to be present to win.

The potential winner of each Prize Drawing will be notified by email Message within seven (7) days after the drawing in which their name was chosen as a potential winner and will be advised of the prize that they are eligible to win.

THE PRIZES:

  • PRIZE: One (1) Entrant will receive one (1) fine art print by artist Clark Sheppard, including free shipping to the address provided by Entrant.
  • PRIZE VALUE: Prizes are currently valued at approximately $519. (this does not include an additional $50-100 in shipping and handling fees depending on print size and destination.)

PRIZE RESTRICTIONS: The sponsor reserves the right to offer only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. No more than one (1) prize will be offered to an Entrant, and only one (1) prize will be offered per household. Prize Winners will be removed from any further drawings and will not be eligible to receive any further prizes. Prizes cannot be substituted, assigned, transferred, or redeemed for cash by the Winner.

Any and all fees and costs and all applicable federal, state, and local taxes and expenses related to acceptance and use of the prizes not specifically stated herein, including but not limited to transportation costs, tools, hanging costs, tolls, parking fees, and other expenses are the responsibility of the individual prize Winner. In the event Winner engages in behavior which (as determined by Sponsor in its sole discretion) is obnoxious, threatening, or illegal, or which is intended to threaten or harass, or which in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to cancel the shipping of the prize (if it is not already shipped) with no further obligations whatsoever (including any obligation to pay compensation) to the Winner.

TO THE EXTENT PERMITTED BY LAW, THE SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LEGAL IMPLICATIONS, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANYTHING RELATED TO THE PRIZE OR ANY OTHER ASPECT OF THE PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.

All prize details are at Sponsor’s sole discretion. The sponsor is required by law to report the prize where required. An IRS form 1099 will be issued to the Winner if appropriate.

COPYRIGHT RESTRICTIONS & ART CREDIT: The winner’s fine-art print is for personal use only. McShep.com, Sedona Art Studios, and/or its licensors own the intellectual property rights to this artwork, and reproduction and distribution, aside from social media posting where the artist is credited, are prohibited under intellectual property and copyright law without the express permission of Clark Sheppard.

GENERAL CONDITIONS: The sponsor, and its affiliated companies, may contact Entrants for marketing purposes by email, telephone, or post regarding publications and information relating to its products, offers, and services. Entrants consent to be contacted in such a manner by entering to win. No purchase or any good or service is necessary or required to enter or win. Purchase or any good or service marketed to an Entrant will not increase the likelihood of winning. Entrants may withdraw consent at any time by unsubscribing from the art giveaway.

Subject: PRIZE ENTRANT OPT-OUT

All Entrants will conduct themselves in a decorous manner at all times during their participation in the Giveaway. Sponsor reserves the right to disqualify any Entrant if such Entrant has engaged in, or during the Giveaway engages in, any act which, in Sponsor’s sole judgment, involves moral turpitude or which brings Sponsor or Entrant into public disrepute, contempt, scandal, or ridicule, or which damages, denigrates or injures the reputation or success of Sponsor or its products or services.

The sponsor does not reserve the right to cancel the Giveaway once announced. Sponsor may prohibit an Entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that Entrant is or has attempted to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives.

WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR SOCIAL MEDIA SITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Giveaway, Entrants agree that Sponsor and their shareholders, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and their respective officers, directors, employees, representatives, and agents (the “Released Parties”) are not responsible for:

  • any incorrect or inaccurate information, whether caused by Entrants, Released Parties, printing errors, or by any of the equipment or programming associated with or utilized in the Giveaway;
  • technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
  • unauthorized human intervention in any part of the entry process or the Giveaway;
  • a technical or human error which may occur in the administration of the Giveaway or the processing of entries; or
  • to the extent permitted by law, any injury, loss, or damage of any kind to persons, including personal injury or death or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway, downloading any materials, acceptance, possession or receipt or use or misuse of any prize.

To the extent permitted by law, by participating in this Giveaway, Entrants agree that the Released Parties will have no liability whatsoever for and shall be held harmless by Entrants against any claims based on publicity rights, defamation or invasion of privacy. Released Parties are not responsible if a prize cannot be awarded due to shipping cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or terrorism.

PUBLICITY GRANT: Except where prohibited by law, Winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parent company and any subsidiary thereof, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the right, and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s name, portrait, picture, city/town of residence, voice, likeness, opinions and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.

DISPUTES: To the extent permitted by law, Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the State and/or Federal Courts of the State of Arizona; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys’ fees; (3) 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), any and all rights to have damages multiplied or otherwise increased.

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Giveaway shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of laws rules of any other jurisdiction, which would cause the application of the laws of any jurisdiction other than the State of Arizona.

OFFICIAL RULES AND WINNER’S LIST: For a list of the Official Rules, see https://sedonaartstudios.com/art-giveaway-official-rules/and for the Winners’ names and city of residence (available for ninety (90) days after Winner selection)

MISCELLANEOUS: Any names and addresses acquired during the course of this Giveaway may be used for the purpose of soliciting additional services.

This Giveaway is neither an offer to sell nor a solicitation to residents in jurisdictions in which registration requirements have not been fulfilled, and your eligibility will depend upon the state of residency of the Entrant.