ASHLEY HOMESTORE SOUNDS LIKE HOME SAN FRANCISCO SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. TO ENTER: The ASHLEY HOMESTORE SOUNDS LIKE HOME SAN FRANCISCO SWEEPSTAKES (the “Promotion” or “Sweepstakes”) begins on May 28, 2019 at 12:00:01 a.m. Eastern Time and ends on June 3, 2019 at at 11:59:59 p.m. Eastern Time (the “Entry Period”). To enter, during the Entry Period, follow @AshleyHomeStore on Instagram and comment and tag the person with which you would like to attend the Event (as defined below) in response to the Sweepstakes post by Sponsor (as defined below). An entrant’s entry is sometimes referred to as a “Submission” in these Official Rules. Entrants may create an Instagram account at no cost by logging on to https://www.instagram.com/. Creation of an Instagram account requires an entrant to agree to Instagram’s Terms of Service available at https://help.instagram.com/581066165581870 and other terms and policies referenced therein. Alternatively, an eligible entrant may enter by printing his or her name, address, day-time telephone number and e-mail address and “Ashley HomeStore Sounds Like Home San Francisco Sweepstakes Entry” on a 3 x 5 card and mailing it to: Ashley HomeStore Sounds Like Home San Francisco Sweepstakes Entry at Sweepstakes Management, 1670 E. 8th Ave. Tampa, FL 33605 during the Entry Period. Limit one (1) entry per postage paid outer mailer. An entry by mail must be postmarked during the Entry Period and received by June 3, 2019 to be eligible. Limit one entry per person regardless of means of entry.
No entries may be submitted on behalf of another person. 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 PLATFORM(S) AND SERVICE(S) SUCH ENTRANT USES TO ENTER THE PROMOTION (THE “PLATFORM”). 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 (the “Territory”), who are of at least 21 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, including Pandora Media, LLC (“Pandora”) and its affiliates (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 June 3, 2019 from which one entrant, subject to verification and compliance with the Official Rules, will be selected to receive the Prize (as defined below). Sponsor’s designated computer is the official time keeping device for this Promotion.
4. REQUIREMENTS FOR SUBMISSIONS. Submissions must comply with these Official Rules as well as the rules applicable to the platform at which a Submission is made. All Submissions must be suitable for family audiences. Without limitation, this means that the entrant’s Instagram handle and comment and anything accompanying or following the comment (including, without limitation tags and re-comments) must not contain any material, words or images or other content that:
- is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contains profanity or sexual content;
- promotes alcohol, illegal drugs, tobacco, firearms or weapons;
- promotes any third party product or service or otherwise contains commercial messages or endorsements regarding third party products or services;
- is unlawful, in violation of or contrary to the laws or regulations of the United States;
- has been copied or plagiarized (and all Submissions must be the sole, original work of the designed entrant);
- is proprietary to a third party, contains any third party content, or otherwise defames, violates or infringes (or may infringe) any copyright, trademark, logo, mark or other identifier of source, or other proprietary right of any entity or person (whether living or deceased) (including but not limited to, rights of privacy or publicity or portrayal in a false light);
- appears to result in any injury or bodily harm; and/or
- is lewd or inappropriate or offensive or not in keeping with Sponsor’s image, including nudity, acts of violence or acts that appear to cause harm or are otherwise objectionable to Sponsor.
Any Submission that, in Sponsor’s sole and absolute discretion, violates any of the above or other prohibitions and/or representations or warranties of entrant may be disqualified from the Promotion or removed by Sponsor. In the event that an entrant or Submission is edited, removed and/or disqualified, entrant is not relived from responsibility for compliance with these Official Rules.
Entrants and winners acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use or not use (or remove) Submissions in any way it sees fit without notification or further consent or payment of any kind.
5. RIGHTS IN SUBMISSIONS: By entering the Promotion, you agree that (a) you have read or had read to you these Official Rules and are in agreement with them; (i) your Submission does not violate in any way rights of third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; (ii) your Submission does not violate any applicable laws; (iii) you have obtained all necessary licenses or permissions from all applicable third parties required for the production and submission of the Submission in the Promotion and use by Sponsor as contemplated in these Official Rules; (iv) the posting and/or display of your Submission or other use by Sponsor or those deriving rights through Sponsor will not violate the rights of any parties or otherwise breach any provision of any applicable law or regulation; (v) Sponsor has your irrevocable permission for the posting of any and all information included in your Submission in connection with any permitted use of your Submission; and (vi) use and posting of the Submission or any part of the Submission provided by you in any manner in connection with the Promotion or as otherwise permitted by these Official Rules may be made without any notice, review, approval, consideration or compensation (except for any awarded prize as contemplated in these Official Rules), regardless of whether your Submission is a winning Submission. By submitting your Submission to Sponsor in connection with the Promotion you agree to and thereby waive any and all moral rights that exist in your Submission and any derivative works made therefrom. All entrants hereby grant to Sponsor an everlasting, royalty-free, assignable, irrevocable, unrestricted license to use, utilize, replicate, alter, adapt, modify, publish, perform, broadcast, translate, produce derivative works from, distribute, present, display, sublicense and exercise all copyright and other intellectual property and other rights with respect to each Submission worldwide and/or to include, in part or in whole, each Submission in other works in any media now known or later created, anywhere and forever, including in connection with promoting and advertising of and by Sponsor, without further review, notice, approval, consideration or compensation. Except where legally prohibited, by submitting your Submission you irrevocably agree that your name and city and state of residence may be used in connection with the permitted use of the rights contemplated by this paragraph. In Sponsor’s sole discretion, anyone appearing in the Submission (or the parent/legal guardian of any minors) may be required to execute and return consent forms / releases confirming the representations, warranties and grants of rights contemplated in the Official Rules.
6. NOTIFICATION OF SELECTED ENTRANT; DESIGNATION OF WINNER: 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. If the entry selected in the random drawing was made via Instagram, Sponsor will attempt to notify the entrant who has been selected in the drawing by direct message via Instagram, and/or by public posting via Instagram within three business days of the drawing. If the entry selected in the random drawing was made via mail, Sponsor will attempt to notify the entrant who has been selected in the drawing by phone and/or mail and/or courier within three business days of the drawing. To be confirmed a winner, the selected entrant will be required to sign and return within two (2) 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 for which his/her entry was selected. 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 account on the applicable platform corresponding to the winning entry.
7. PRIZE: The following prize (“Prize”) will be awarded to the one entrant who is determined the Prize winner: the Prize winner and his or her traveling companion he or she designated in the Submission, subject to the other terms hereof (the “Guest”), will each receive (a) a ticket to the Ashley HomeStore Sounds Like Home San Francisco event starring Bishop Briggs at Great American Music Hall in San Francisco, CA on June 12, 2019 (the “Event”), (b) round trip coach air travel from a major airport selected by Sponsor near Prize winner’s continental U.S. principal residence as of the date of entry in the Sweepstakes (the “Home Airport”) to an airport selected by Sponsor in or near San Francisco, CA (“Destination Airport”), and (c) one (1) night double occupancy hotel accommodations at a hotel designated by Sponsor. Trip must occur between June 12, 2019 and June 13, 2019. Guest must be 21 or older and of the age of majority in his or her jurisdiction of residence and must agree to be bound by these Official Rules and must sign a release consistent with that required of Prize winner as a condition to receipt of and/or participation in the travel portion of the Prize. Tickets to the Event are not available for retail purchase. Approximate retail value (“ARV”) of the Prize is estimated to be less than $2,500, but will be primarily dependent and vary depending on Home Airport and Destination Airport and seasonal fluctuation of airfare and hotel rates. Air travel will not be provided for any Prize winner with a residential address at the time of entry within 200 miles of San Francisco, CA. Attendance and participation in the Event is subject to any and all additional requirements, conditions or restrictions of or communicated by the Event venue, Pandora or the affiliates of the foregoing, including, without limitation, any requirements, conditions or restrictions included or referenced on the tickets provided to attend the Event. If the actual value of the Prize is less than the stated ARV, the difference will not be awarded. Prize winner and Guest must travel on the same itinerary and at the same time. All travel is subject to availability, blackout periods, government restrictions and regulations, hotel, airline, airport restrictions and regulations. Sponsor reserves right to determine routing and itinerary. Other restrictions may apply. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events (including airline flights) beyond its control. Prize winner and Guest must have all necessary identification and/or travel documents required for travel. No transfer or substitution of prizes permitted except where required by law. Sponsor reserves the right to award prize (or portion of prize) of equal or greater value, in its sole discretion. Guest will be required to sign an Affidavit provided by Sponsor as a condition to participating as a Guest. 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 Prize winner and Guest, as the case may be. Sponsor and the Sweepstakes Parties assume no responsibility or liability for damages, losses, or injury resulting from acceptance or use of prize or participation in the Sweepstakes. The total number of prizes to be awarded in the Sweepstakes is one (1).
8. 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.
9. 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 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.
10. 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, INSTAGRAM, PANDORA 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, 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.
11. 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.
12. 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 HOMESTORE SOUNDS LIKE HOME SAN FRANCISCO Winners List Request.” Requests must be received by June 30, 2019.
13. 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 Instagram and any questions, comments or complaints regarding the Promotion should be directed to Sponsor at the Promotion Address, not Instagram.