ASHLEY HOLIDAY GIVEAWAY WITH MR. KATE
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. TO ENTER: The ASHLEY HOLIDAY GIVEAWAY WITH MR. KATE (the “Promotion”) begins on December 12, 2019 at 1PM Eastern Time and ends on December 25, 2019 at 1PM Eastern Time (the “Entry Period”). During the Entry Period, eligible entrants may complete the Promotion entry form at https://www.ashleyfurniture.com/sweepstakes/HolidayGiveawayMrKate or via an entry form on Facebook or Instagram if an eligible entrant receives a targeted ad with a Promotion entry link.
No entries may be submitted on behalf of another person. Limit one entry per person, regardless of platform / means of entry. An individual participating in any aspect of this Promotion is sometimes referred to in these Official Rules as an “entrant.” BY PARTICIPATING IN ANY ASPECT OF THIS PROMOTION, EACH ENTRANT AGREES TO ABIDE BY THESE RULES AND THE RULES, POLICIES AND PROCEDURES OF THE SERVICE(S) SUCH ENTRANT USES TO ENTER THE PROMOTION. FAILURE TO ABIDE BY THESE OFFICIAL RULES AND THE RULES, POLICIES AND PROCEDURES OF THE PLATFORM USED FOR ENTRY WILL VOID AN ENTRANT’S ENTRY IN THE PROMOTION.
2. ELIGIBILITY REQUIREMENTS: The Promotion 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, advertising, and fulfillment agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Promotion 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 Promotion 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 PROMOTION IS A REPRESENTATION THAT THE ENTRANT HAS COMPLIED WITH THESE OFFICIAL RULES AND THAT THE ENTRANT IS 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 January 6, 2020 from which one entrant, subject to verification and compliance with the Official Rules, will be selected to receive the Grand Prize in this Promotion. Sponsor’s designated computer is the official time clock for this Promotion.
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 any other contact information provided by entrant during the entry process. To be confirmed a winner, the selected entrant will be required to sign and return 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, a selected entrant will be confirmed a winner and will receive the prize set forth in Section 5. In the event that 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 address or account on the applicable Platform corresponding to the winning entry.
5. PRIZE: The following Grand Prize will be awarded to the one entrant who is determined the winner: a Four Thousand Dollar ($4,000) Ashley HomeStore shopping spree to purchase furniture and/or accessories from products designated by Sponsor (Approx. retail value $4,000). Grand Prize must be used at in single transaction within 60 days of award. Sales taxes will apply in accordance with applicable laws. Prize is nontransferable and no substitution of prize by winner is allowed. Sponsor reserves the right to award prize (or portion of prize) of equal or greater value, in its sole discretion. Sponsor and the Promotion Parties assume no responsibility or liability for damages, losses, or injury resulting from acceptance or use of prize or participation in the Promotion. Sponsor reserves the right to request from any entrant additional documentation it reasonably believes is necessary to validate any entry or to award any prize. 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 winner. Total value of all prizes (one (1) prizes only) to be awarded in this Promotion is Four Thousand Dollars ($4,000). Odds of winning depend on the number of eligible entries received.
6. GENERAL CONDITIONS: By participating, entrants agree to these Official Rules and the decisions of Sponsor with respect to the Promotion 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, 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 Promotion, or by any human error which may occur in the processing of the entries in this Promotion, or for any liability for damage to any computer system resulting from participation in, or accessing or downloading information or applications in connection with this Promotion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Promotion 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 Promotion process, then Sponsor reserves the right at its sole discretion to cancel or modify the Promotion. 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 Promotion; 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 e-mail or Platform accounts or other tactics to enter more than the stated limit of this Promotion 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 PROMOTION, YOU AGREE TO THE FULL EXTENT PERMITTED BY LAW TO RELEASE AND HOLD HARMLESS SPONSOR, THE PROMOTION PARTIES, FACEBOOK, INSTAGRAM, MR. KATE, AND THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, ADVERTISING AND PROMOTION 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 PROMOTION (INCLUDING, WITHOUT LIMITATION, PREPARING FOR OR PARTICIPATING IN OR SUBMITTING ANY ENTRY AND/OR FROM ANY PROMOTION 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 PROMOTION, AND IN NO EVENT SHALL THE PROMOTION 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 PROMOTION, THE OPERATION THEREOF, 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 Promotion 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 Promotion 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 Promotion Address. Limit one request per outer mailer which should be marked “ASHLEY HOLIDAY GIVEAWAY WITH MR. KATE Winners List Request.” Requests must be received by April 30, 2020. Limit one request per outer mailer.
SPONSOR: This Promotion is sponsored by Ashley HomeStores, Ltd. (“Sponsor”), One Ashley Way, Arcadia, WI 54612 (the “Promotion Address”). This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram and any questions, comments or complaints regarding the Promotion should be directed to Sponsor at the Promotion Address, not Facebook or Instagram.