The Magic of Home Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF 48 CONTIGUOUS US/DC, 18 YEARS OF AGE OR OLDER, WHO ENTER FROM WITHIN THE 48 UNITED STATES OR THE DISTRICT OF COLUMBIA, AND WHO RESIDE WITHIN THE RADIUS SPECIFIED IN SECTION 1.
- Eligibility: The Magic of Home Sweepstakes (the “Sweepstakes”) is open to: legal residents of the contiguous forty-eight (48) United States and the District of Columbia (which excludes AK and HI), who are at least eighteen (18) years of age or older, and who reside within a fifty (50) mile radius of a U.S. Ashley HomeStore as measured using Google Maps driving directions (as determined by Sponsor in its sole discretion), all at the time of entry. Sponsor requires entrants to live within 50-mile radius to ensure that Sponsor can award the Ashley HomeStore product portion of the prize. Employees, contractors, directors, officers, and agents of Ashley HomeStores, Ltd. (“Sponsor”), its parent company, affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies, and all other service agencies involved with the Sweepstakes, and members of their immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such individual (whether or not related) are not eligible to enter or win.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor: Ashley HomeStores, Ltd., 1 Ashley Way, Arcadia, WI 54612.
- Sweepstakes Entry Period: The Sweepstakes begins on November 11, 2021 at 10:00:00 AM Eastern Time (“ET”) and ends on December 15, 2021 at 10:00:00 pm ET (the “Sweepstakes Entry Period”). All entries must be received before the Sweepstakes Entry Period end time/date to be valid.
- How to Enter: During the Sweepstakes Entry Period, visit https://www.ashleyfurniture.com/sweepstakes/the-magic-of-home/ (the “Website”) and submit your name, email address, date of birth, address, and/or any other information requested by the Sponsor to receive one (1) entry into the Sweepstakes. Individuals who do not follow all of the instructions, provide the required information, submit the registration form, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. Some consumers may receive a Sweepstakes registration link or access to an entry form via a Facebook advertisement. To enter the Sweepstakes via such link or entry form, submit your name, email address, date of birth, address, and/or any other information requested by the Sponsor during the Sweepstakes Entry Period. Not all consumers will receive the Facebook link or entry form, but the Facebook registration shall not increase a consumer’s chances of winning and all consumers can enter the Sweepstakes by visiting the Website. All valid entries shall be entered into a single Sweepstakes drawing pool.
Limit: One (1) entry per person/e-mail address during the entire Sweepstakes Entry Period regardless of which registration method is used.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
- Drawing: On or around December 17, 2021, Sponsor will randomly select one (1) winner from among all eligible entries received via both registration methods during the Sweepstakes Entry Period. Odds of winning a prize depend on the number of eligible entries received.
On or around December 17, 2021, potential winner will be notified via email at the email address provided during entry into the Sweepstakes. Potential winner is subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. Winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within seven (7) business days of attempted notification or prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
- Prize (1): One (1) winner will receive $10,000 in Ashley HomeStore product awarded in the form of a credit plus interior design services from Sponsor’s design team. The credit is only redeemable through a Sponsor representative and is not valid online or in store. There is no retail value associated with the interior design services. Approximate Retail Value (“ARV”) of prize:
$10,000. Any difference between stated ARV and actual value of prize will not be awarded.
Winner will work with Sponsor to select and fulfill prize. Credit is valid for 60 days from the date of winner verification. Furniture is subject to availability and Sponsor cannot guarantee that any furniture items will be in stock or available during the 60-day period. The value of any items or furniture that winner selects to use with his/her $10,000 credit will be inclusive of taxes and will be determined by such item or furniture’s price as listed on the website as of the date the credit is applied/used. The winner shall only have the ability to obtain a sale or promotion price for selected items if such sale/promotion is available on the website, available to the general public, on the date the credit is applied/used. The winner shall not have the option to use the credit for any other sale, promotion, or discount price. If no sale or discount is available on the website on the date that the winner uses the credit, the item’s price will be determined by the item’s full retail value. Credit must be redeemed and used in one transaction, on one day and cannot be extended over numerous days or transactions for any reason. Sponsor will not (and shall have no obligation to) honor previous or subsequent sales or promotion prices. If the winner’s total exceeds
$10,000 for any reason (including if the tax on the total amount exceeds the credit amount), the remaining amount shall be the sole responsibility of the winner. If winner selects item(s) totaling less than $10,000, the remainder of the credit will be forfeited and shall not be awarded to the winner. If any amounts, delivery charges, and/or service charges (if applicable) exceed the
$10,000, they will be the winner’s sole responsibility.
General prize terms (applicable to all prize pieces): Limit: one (1) prize per person/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.
- Release: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents and Facebook, Inc. (collectively, “Sweepstakes Parties”), from any and all liability, loss, claim or damage, including, but not limited to, personal injury, death, or damage to or loss of property, incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith or any travel related thereto; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
- Publicity: Except where prohibited by law, winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, social media handle, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
- General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, 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.
- Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR
MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
- Governing Law & Jurisdiction: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Tampa, Hillsborough County, Florida.
- Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: The Magic of Home Sweepstakes, c/o Joyleene Padilla, 1670 E 8th Avenue, Tampa, FL 33605. Requests must be received by February 17, 2022.
Facebook is not a sponsor of this Sweepstakes. All questions and concerns regarding this Sweepstakes shall be addressed to Ashley HomeStores, Ltd., not to Facebook.