ASHLEY FURNITURE HOMESTORE HOME FOR THE HOLIDAYS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. TO ENTER: The ASHLEY FURNITURE HOMESTORE HOLIDAY PROMOTION (the “Promotion”) begins on November 20, 2015 at 12:00:01 a.m. Eastern Time and ends on January 28, 2016 at 11:59:59 p.m. Eastern Time (the “Entry Period”). During the Entry Period, photograph[A1] your friends and/or family (you can be in the picture too) at home during the holiday season and publicly post the photo on Instagram during the Entry Period with the hashtag #ASHLEYHOLIDAYCONTEST. An Instagram account is free of charge and is required to post a photo to Instagram. To obtain an Instagram account visit https://instagram.com. To become a follower of @Ashleyhomestore on Instagram, visit https://instagram.com/Ashleyhomestore.
The posted photograph is referred to as an “Entry Photo,” and when submitted in the Promotion, such Entry Photo as well as any other content or information submitted by an entrant is referred to as a “Submission” or “entry”). Important: Your account and Entry Photo must be set to “public” for Sponsor to see it and to have it entered in the Promotion. No entries may be submitted on behalf of another person. Limit one entry per person, regardless of 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 AND THE INTAGRAM PLATFORM (each such service and the Instagram platform is referred to as a “Platform”). FAILURE TO ABIDE BY THESE OFFICIAL RULES AND THE RULES, POLICIES AND PROCEDURES OF THE PLATFORMS 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, 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 February 1, 2016 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. 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 Entry Photo and anything accompanying the Entry Photo (including, without limitation tags and captions) must not contain any material, words or images or other content that:
o is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
o 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;
o contains profanity or sexual content;
o promotes alcohol, illegal drugs, tobacco, firearms or weapons;
o promotes any third party product or service or otherwise contains commercial messages or endorsements regarding third party products or services;
o is unlawful, in violation of or contrary to the laws or regulations of the United States;
o has been copied or plagiarized. All Submissions must be the sole, original work of the designed entrant (provided, however, that if you have had someone else take the submitted Entry Photo at your direction, then the photograph in the Submission can contain their contribution);
o 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). Therefore, clothing shown in the Submission should not contain any visible logos, trademarks, copyrighted images or text (entrant may obscure or obliterate any such identifiable items).
o appears to result in any injury or bodily harm; and/or
o 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, (b) you have received permission for the use of the likeness and image of all identifiable people appearing in your submitted Entry Photo and to grant to Sponsor the rights contemplated in the Official Rules. By submitting a Submission in connection with the Promotion you represent and warrant to Sponsor that (i) your Submission is your own original work, that you are the photographer of the submitted Entry Photo and that you have the sole right to submit it to the Promotion (or if you have had someone else take the submitted Entry Photo at your direction, then you represent and warrant that you have secured all rights from the photographer to submit it in this Promotion as your Submission and to grant the rights to Sponsor contemplated in these Official Rules); (ii) 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; (iii) your Submission does not violate any applicable laws; (iv) 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; (v) 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; (vi) 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 (vii) 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: A Grand Prize winner will be confirmed following selection by a random drawing on or about the dates 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 direct message via Instagram, and/or by public posting via Instagram within three business days of the drawing. To be confirmed a winner, the selected entrant will be required to sign and return within fourteen (14) 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 Grand Prize. 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 Grand Prize will be awarded to the one entrant who is determined the winner: a Four Thousand Dollar ($4,000) Ashley Furniture HomeStore shopping spree to purchase furniture and/or accessories from the Vintage Casual Furniture line. Purchase must be made at an Ashley Furniture HomeStore designated by Sponsor from among those closest to the residence of the entrant who is determined the winner.. (Approx. retail value $4,000). Must be used at in single transaction within 90 days of award. Does not include delivery fees. 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 Submission 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 to be awarded in this Promotion is Four Thousand Dollars ($4,000). Odds of winning depend on the number of eligible entries received.
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 Submissions 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 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.
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 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 Administration Address. Limit one request per outer mailer which should be marked “Ashley Furniture HomeStore Home for the Holidays Winners List Request.” Requests must be received by August 31, 2016. 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 Instagram and any questions, comments or complaints regarding the Promotion should be directed to Sponsor at the Promotion Address, not Instagram.
[A1]CONFIRMED Edited to January 28t