Children’s Gasparilla Official Rules

ASHLEY HOMESTORE “AYE AYE ASHLEY KID’S” SWEEPSTAKES
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1.         TO ENTER:  The ASHLEY HOMESTORE “AYE AYE ASHLEY KID’S” SWEEPSTAKES (the “Sweepstakes”) begins on January 1, 2019, at 12:00:01 a.m. Eastern Time and ends on January 31, 2019, at 11:59:59 p.m. Eastern Time (the “Entry Period”). Sponsor’s (as defined below) designated computer is the official time clock for this Sweepstakes. To enter the Sweepstakes, during the Entry Period visit www.ashleyfurniture.com/sweepstakes/Gasparillakidsparade (the “Site”) and complete the entry form by providing your name, email address, phone number, and physical address. The entrant will be required to confirm they have read the Official Rules, are an eligible entrant, and are able to provide the required information and submit it in accordance with the Site instructions. When you enter the Sweepstakes you may have the opportunity to consent to receive promotional emails and reminders for upcoming Ashley Furniture HomeStore promotions and information about Ashley Furniture HomeStore products. Consenting to receive such communications is optional and is not a requirement to enter the Sweepstakes and does not improve your chances of winning. Information submitted by entrants as part of this Sweepstakes will be treated in accordance with Sponsor’s privacy policies, which are available at https://www.ashleyfurniture.com/privacy-policy/ and https://www.ashleyfurniture.com/interest-based-ads/.
All entries must be received during the Entry Period to be eligible. No entries may be submitted on behalf of another person. Limit one entry per person and per email address, regardless of means of entry. If an entrant uses multiple email addresses to submit more than one entry, or submits more than one entry, that person will be disqualified and not eligible to win. A properly completed and submitted entry received by Sponsor is referred to as an “entry.” Furthermore, the prohibitions and other terms set forth in Section 7 hereof apply to any entry. An individual participating in any aspect of this Sweepstakes is sometimes referred to in these Official Rules as an “entrant.” BY PARTICIPATING IN ANY ASPECT OF THIS SWEEPSTAKES, EACH ENTRANT AGREES TO ABIDE BY THESE OFFICIAL RULES AND TO BE CONTACTED BY SPONSOR CONCERNING THIS SWEEPSTAKES. FAILURE TO ABIDE BY THESE OFFICIAL RULES WILL VOID AN ENTRANT’S ENTRY IN THE SWEEPSTAKES.
2.         ELIGIBILITY REQUIREMENTS:  The Sweepstakes is open to legal residents of the forty-eight (48) continental United States and the District of Columbia, who are of at least 18 years of age or older and of the age of majority in their jurisdiction of residence as of the date of entry submission, and eligible in accordance with these Official Rules. Void in all other jurisdictions. Employees, contractors, directors, and officers of Sponsor, its subsidiary and affiliated entities, and fulfillment agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members and/or those living in the same household of any such persons or entities are not eligible. For these Official Rules, “immediate family” means mother, step-mother, father, step-father, siblings, step-siblings, children, step-children, wards, grandparents, step-grandparents, domestic partners, and spouses, including common law spouses, regardless of where they reside. The Sweepstakes is subject to all applicable federal, state, and local laws. Void where prohibited or where restricted by law in a manner inconsistent with these Official Rules.
AN ENTRANT’S ENTRY INTO THIS SWEEPSTAKES IS A REPRESENTATION THAT THE ENTRANT HAS COMPLIED WITH THESE OFFICIAL RULES AND THAT THE ENTRANT IS AT LEAST 18 YEARS OF AGE AND OF THE AGE OF MAJORITY IN HIS OR HER JURISDICTION OF RESIDENCE.
3.         RANDOM DRAWING TO DETERMINE WINNER:  Entries will be entered into a random drawing to be conducted on or about February 8, 2019. Subject to verification and compliance with the Official Rules, one (1) entrant will be selected to receive the Prize (as defined below).
4.         NOTIFICATION OF SELECTED ENTRANT; DESIGNATION OF WINNER:  The Prize winner will be confirmed following selection by a random drawing on or about the date specified in Section 3 of these Official Rules and subject to compliance with the Official Rules. Sponsor will attempt to notify the entrant who has been selected in the drawing by email or via the address provided in the entry (at Sponsor’s election). To be confirmed a winner, the selected entrant will be required to sign and return to Sponsor within seven (7) days of notification attempt, an Affidavit of Eligibility, Liability, and Publicity Release (where permitted by law) and affirmation of assignment of rights (the “Affidavit”) or the Prize will be forfeited and an alternate winner may be determined. Following timely receipt of the Affidavit and confirmation by Sponsor of compliance with the Official Rules, the selected entrant will be confirmed a winner and will receive the Prize for which his/her entry was selected. In the event of a dispute regarding the identity of an entrant who has been selected as a tentative Prize winner, Sponsor may choose to deem the entry to have been made by the “Assigned Account Holder,” that is, the individual person who is assigned the email account corresponding to the selected entry.  

5.         PRIZE:  The following Prize will be awarded to the one entrant who is determined the Prize winner: one (1) kid’s room makeover consisting of furniture selected by Sponsor (the approximate retail value (“ARV”) of such furniture is $2,500). If the actual value of the Prize is less than the stated ARV, the difference will not be awarded. No transfer or substitution of the Prize is permitted except where required by law. Sponsor reserves the right to award a prize (or portion of prize) of equal or greater value to the Prize, in its sole discretion. Odds of winning depend on the total number of entries received. All federal, state, local, and municipal taxes and any expenses, costs, duties, or fees associated with the acceptance and/or use of any Prize are the sole responsibility of the Prize winner. All expenses, costs, and fees not expressly included above are the sole responsibility of the Prize winner. Sponsor and the Sweepstakes Parties assume no responsibility or liability for damages, losses, or injury resulting from acceptance or use of any Prize or participation in the Sweepstakes. Sponsor reserves the right to request from any entrant additional documentation it reasonably believes is necessary to validate any entry submission or to award any Prize. The total number of prizes to be awarded in the Sweepstakes is one (1).

6.         GENERAL CONDITIONS:  By participating, entrants agree to these Official Rules and the decisions of Sponsor with respect to the Sweepstakes and the awarding of any prize, which shall be final and binding in all respects. Sponsor and its agents are not responsible for late, lost, illegible, or postage-due entries or communications, technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications, or by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any human error which may occur in the processing of the entries in this Sweepstakes, or for any liability for damage to any computer system or device resulting from participation in, or accessing or downloading information or applications in connection with this Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel or modify the Sweepstakes. If a court of competent jurisdiction deems any provision of these Official Rules invalid or unenforceable, such provisions shall be enforced to the maximum extent permitted and the remaining provisions of the Official Rules shall remain in full force and effect.
7.         UNSPORTSMANLIKE CONDUCT:  Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the Sweepstakes, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Any use or attempt to use multiple email or other accounts or other tactics to enter more than the stated limit of this Sweepstakes may result in disqualification and all associated entries will be void. Any use of robotic, automatic, macro, programmed, or like entry methods will void all such entries by such methods and persons using any like methods will be disqualified. Each online entry submission must be entered by the individual entrant.
8.         LIMITATIONS OF LIABILITY AND RELEASE:  BY PARTICIPATING IN ANY ASPECT OF THE SWEEPSTAKES, YOU AGREE TO THE FULL EXTENT PERMITTED BY LAW TO RELEASE AND HOLD HARMLESS SPONSOR, THE SWEEPSTAKES PARTIES, AND THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, ADVERTISING AND SWEEPSTAKES AGENCIES, AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN ANY PART OF THE SWEEPSTAKES (INCLUDING, WITHOUT LIMITATION, PREPARING FOR OR PARTICIPATING IN OR SUBMITTING ANY ENTRY AND/OR FROM ANY SWEEPSTAKES RELATED ACTIVITY) OR RECEIPT OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. EACH ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE OUT OF POCKET COST OF PARTICIPATING IN THE SWEEPSTAKES, AND IN NO EVENT SHALL THE SWEEPSTAKES PARTIES BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES, AND EACH ENTRANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER. YOU HEREBY WAIVE ALL RIGHTS AND RELEASE EACH OF THE RELEASED PARTIES FROM ANY CLAIM OR CAUSE OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, OF ANY KIND, INCLUDING BUT NOT LIMITED TO DEFAMATION, INVASION OF RIGHT TO PRIVACY, PUBLICITY OR PERSONALITY, OR ANY SIMILAR MATTER, RELATING TO THE SWEEPSTAKES, THE OPERATION THEREOF, OR ANY SUBMISSION, OR BASED UPON OR RELATING TO THE USE AND EXPLOITATION OF THE SUBMISSION AS CONTEMPLATED HEREIN, EITHER INTENTIONALLY OR OTHERWISE. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THESE OFFICIAL RULES AND ARE FULLY FAMILIAR WITH THEM.
9.         APPLICABLE LAWS AND JURISDICTION:  Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules shall be governed by the laws of the State of Wisconsin. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by the exclusive personal jurisdiction and venue of the Circuit Court of Trempealeau County, Wisconsin, USA and the United States District Court for the Western District of Wisconsin, USA. Should there be a conflict between the laws of the State of Wisconsin and any other laws, the conflict will be resolved in favor of the laws of the State of Wisconsin. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental, and/or consequential damages.  
10.       WINNERS LIST:  To receive a copy of the Winner’s List by mail, send a self-addressed stamped envelope (except where not required by applicable law) to: Sponsor at the Sweepstakes Address. Limit one request per outer mailer which should be marked “ASHLEY HOMESTORE “AYE AYE ASHLEY KID’S” SWEEPSTAKES Winners List Request.” Requests must be received by March 20, 2019. Limit one request per outer mailer.
11.       SPONSOR:  This Sweepstakes is sponsored by Ashley HomeStores, Ltd. (“Sponsor”), One Ashley Way, Arcadia, WI 54612 (the “Sweepstakes Address”).