GIFT CARD GIVEAWAY - OFFICIAL RULES
- NO PURCHASE IS NECESSARY TO ENTER OR WIN.
- A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.
- VOID WHERE PROHIBITED BY LAW.
- AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- BY ENTERING THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
PROMOTIONAL PERIODS: The Tommy Bahama Furniture Gift Card Giveaway (“Giveaway”) will be held biannually (“Entry Period”), beginning on the first day of a calendar half-year and ending on the last day of a calendar half-year.
The sponsor of this Giveaway is Lexington Home Brands (“Sponsor”). The Giveaway shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein and the decisions of the Sponsor, including the interpretation of these Official Rules and its exercise and discretion, which will be final and binding in all respects.
ELIGIBILITY: The Giveaway is open to legal residents of the United States, who are of majority age. For legal purposes each entry period is a distinct contest/Giveaway. Officers, directors, employees, independent contractors, representatives and agents and each of their respective immediate families (spouse, child, siblings, parents, grandparents) of Sponsor, and each of its respective affiliates, subsidiaries, parent companies, licensors, divisions, distributors, licensees, promotional partners and advertising agencies (collectively, the “Promotion Parties”), and those living in the household of same (whether related or not) are not eligible to enter this Giveaway or win any prize. All U.S. Federal, state and local rules and regulations apply. Void outside the United States and where prohibited or restricted by law. By entering this Giveaway, entrants agree to abide by all terms of these Official Rules.
HOW TO ENTER: To enter the Giveaway, contestants must visit www.tommybahamafurniture.com and complete the email subscription process to be notified of sale events and promotions. This can be accomplished using the pop-up overlay window upon entering the site. After submitting a valid email address, contestants will receive a confirmation email from the Sponsor. In order to complete their entry, contestants must respond by clicking the "Confirm Subscription" button in the confirmation email. Only new email sign-ups who have confirmed their subscription will be eligible for the contest. A winner will be chosen from a random drawing at the end of each Entry Period. Entries will not be carried forward to the next biannual drawing.
The Promotion Parties and any and all internet provider(s), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees, independent contractors, representatives and agents (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers network, browsers or software, including without limitation any injury or damage to participant’s or any other person’s computer equipment or network relating to or resulting from participation in the Giveaway; inability to submit an entry; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website or for any other reason whatsoever; typographical, printing or other errors; or any combination thereof. Proof of submitting information is not considered proof of delivery or receipt. Illegible, incomplete and duplicate entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent, or deceptive entries or acts or multiple entry attempts shall render entrants ineligible. By entering the Giveaway, entrants affirm that they have read and accepted these Official Rules.
WINNER SELECTION: Winner will be selected at random from all entries received on the first business day of every calendar half-year.
The following Prize will be awarded:
1 (one) $1,000.00 prepaid Visa gift card
Winner will be notified by email. To accept the prize, the winner will be reqired to execute and return an Affidavit of Eligibility and an IRS W-9 form within (2) weeks of notification. Winner will be required to accept the prize and execute and return a notarized Affidavit of Eligibility/Release of Liability, an IRS W-9 form within two (2) weeks of notification. Failure to respond to the Winner notification as detailed above or return all required forms within the stated time period, or to comply with any other provision herein, may result in the Prize being disqualified and an alternate winner may be selected at Sponsor’s sole discretion ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No substitution for the Prize by the Winner will be allowed. All Federal, State and local tax liabilities, if any, are the responsibility of the Winner.
The odds of winning the Prize depend on and will be determined by the total number of eligible entries received.
GOVERNING LAW/LIMITATIONS ON LIABILITY: The Giveaway shall be governed by and construed in accordance with the internal laws of the State of North Carolina, without giving effect to any conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE GIVEAWAY, 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 GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ 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, SO THE ABOVE MAY NOT APPLY TO YOU.
Releasees shall not be liable to Winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, tsunami, war, fire, flood, explosion, volcanic eruption, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’ sole control.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in North Carolina and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant's residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in North Carolina. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
GENERAL: By participating in the Giveaway, entrants agree to release, discharge and hold harmless the Releasees from and against any and all claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or liability of any kind due to any injuries, damages or losses to any person (including death) or property of any kind, or expenses of any kind (including without limitation attorneys’ fees) resulting in whole or in part, directly or indirectly from acceptance, possession, use, or misuse of the Prize or element thereof, or participation in any Giveaway-related activity, or participation in this Giveaway. Each entrant further agrees to indemnify and hold harmless the Releasees from and against any and all liability resulting or arising from the Giveaway and to release all rights to bring any claim, action or proceeding against Releasees and hereby acknowledge that Releasees have neither made nor are in any manner responsible or liable for any warranties provided exclusively by a supplier that may be sent along with the prize. Entrants further understand and agree that all rights under State law that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If for any reason this Giveaway is not capable of running as planned, or if this Giveaway or any website or e-mail address associated therewith (or any portion thereof) becomes corrupted or does not allow the proper execution of the Giveaway and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Giveaway, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Giveaway or any portion thereof. In the event this Giveaway is canceled, the Sponsor will conduct a random drawing to award the Prize from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR E-MAIL ADDRESS (INCLUDING THE EMAIL ADDRESS) OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an entry to the Email Address, the entry will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met.
WINNER LIST/OFFICIAL RULES REQUEST: For a list of winners, send a self-addressed stamped envelope to Lexington Home Brands 1300 National Highway, Thomasville, NC 27360, ATT: Marketing Department.
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