NO PURCHASE NECESSARY. ELIGIBLE TO WIN: PERSONS WHO ARE 21 YEARS OF AGE OR OLDER, WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.
VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
1. NO PURCHASE NECESSARY. NEITHER A PURCHASE OF A PRODUCT OR SERVICE, NOR ANY MONETARY PAYMENT, WILL INCREASE YOUR ABILITY TO WIN OR IS REQUIRED TO ENTER.
2. SPONSOR. The Sponsor of this Sweepstakes is the Remodelista® division of Move Sales, Inc. (the “Sponsor”), with an office at 1211 Avenue of Americas, Floor 4, BB23, NY, NY 10036, Attn: Remodelista. Sponsor is free in its discretion to make use of others who might participate in administering or operating the Sweepstakes, providing judging, winner-selection, technology, tabulation or data services or products regarding the Sweepstakes, supplying or contributing toward a prize (a “Prize Sponsor”), assisting with fulfillment tasks, promoting the Sweepstakes, or encouraging, routing or otherwise generating potential entrants to participate in the Sweepstakes (each a “Promotion Supporter”).
3. ELIGIBILITY. Eligibility to win the “Spring Remodel Sweepstakes” (the “Sweepstakes” or “Promotion”) is open to individuals who, prior to the Promotion Period (defined below), and continuing through the date any Prize is finally awarded to them, (i) already are 21 years of age or older and (ii) already are legal residents of one or more of the fifty (50) States of the United States of America or of the District of Columbia, (“Eligible Person(s)”). Void in Puerto Rico and where prohibited by law. Employees, directors and officers of Sponsor or Prize Sponsor, or of any of their respective affiliates, parent company, subsidiaries or divisions, are not eligible to win. Also ineligible to win are the immediate families (spouse, parents, children, siblings, and their respective spouses) of any such employees, directors and officers, as are the respective household members of any such employees, directors and officers. As used in these Rules, the term “you,” “your” or the like, refers to any person who enters or seeks to enter or participate in the Promotion, but in no event shall any use of any such term (nor shall any provision making use of any such term) be construed as expanding or otherwise changing who may qualify as an Eligible Person, as set forth above in this paragraph. You may not enter this Promotion if you are not eligible to win. if ineligible entries are submitted in this Promotion, whether or not selected in a drawing (or otherwise selected), they are ineligible for the winning of any prize in the Promotion.
4. SWEEPSTAKES TIMING. The Sweepstakes is open and able to be entered during the following period (the “Promotion Period”): beginning at 9:00 AM Eastern Time (“ET”) on May 1, 2018 (the “Start Time”); and ending at 4:00 PM ET on May 31, 2018 (the “End Time”).
Sponsor reserves the right to change the duration of the Promotion Period in its sole discretion and with or without notice.
5. HOW TO ENTER; LIMITS ON ENTRIES.
Eligible Persons may enter the Sweepstakes by doing the following during the Promotion Period: visit the Promotion entry page at https://www.remodelista.com/spring-remodel-sweepstakes/ (the “Landing Page”); follow the instructions there, which may include providing a caption for an image presented there, and complete the online entry form; and submit the completed entry form as indicated by the instructions there (“Initial Entry”). Completing an Initial Entry provides Eligible Persons one (1) chance to win the Prize (defined below). Eligible Persons who have entered the Promotion during the Promotion Period using the Initial Entry method described above may enter the Promotion up to three (3) additional times (and obtain up to three (3) additional chances to win) by completing one or more Secondary Entries (but limited to three (3) in total). A Secondary Entry is achieved/completed by such Eligible Person (i) clicking on one of the three (3) “Share” buttons (or similar buttons) presented to them (e.g., promptly after their Initial Entry) by the Sponsor on the Landing Page (or on a subsequent or other related page), each of which buttons invites the individual to share, on a social media platform indicated there (e.g., Facebook, Pinterest and Twitter), information about the Promotion and/or Remodelista, and (ii) doing so during the Promotion Period (each, a “Secondary Entry”); however, each Secondary Entry a person seeks to achieve must be associated with a different social media platform. For example, if a person achieves a Secondary Entry by clicking on one of the three (3) “Share” buttons (or similar buttons) presented (such as one indicating Facebook), then achieving an additional Secondary Entry after that would require that they click on a different one of the three (3) “Share” buttons (or similar buttons) presented (such as one indicating Pinterest). And, to further the example, if a person achieves two Secondary Entries by clicking on two of the three (3) “Share” buttons (or similar buttons) presented (such as one indicating Facebook and one indicating Pinterest), then achieving a third additional Secondary Entry after that would require that they click on yet a different one of the three (3) “Share” buttons (or similar buttons) presented (such as one indicating Twitter). No more than three (3) Secondary Entries are permitted to each Eligible Person, and no more than a total of four (4) entries (i.e., one Initial Entry and three (3) Secondary entries) are permitted to each Eligible Person. Secondary Entries are achieved simply by clicks on the “Share” buttons (or similar buttons) presented, as provided for above, even if actual sharing on, or posting to, the indicated social media platform is not performed, completed or achieved. For each Secondary Entry achieved, the eligible Person will receive one (1) additional entry in the Promotion (and an additional chance to win). No one is entitled to more than four (4) chances in total to win the Prize in the Promotion. Completion of, or attempting to complete, the steps for either an Initial Entry or any Secondary Entry indicates your agreement to these Rules. YOU MAY ENTER THE SWEEPSTAKES NO MORE THAN FOUR (4) TIMES: ONCE BY WAY OF AN INITIAL ENTRY (FOR A SINGLE (1) CHANCE TO WIN THE PRIZE); AND THREE (3) TIMES BY WAY OF SECONDARY ENTRIES (FOR THREE (3) ADDITIONAL CHANCES TO WIN THE PRIZE). THERE IS ONLY A SINGLE PRIZE OFFERED IN THIS PROMOTION. “Entry” means an Initial Entry or a Secondary Entry.
CERTAIN TERMS REGARDING ENTRIES. Entries that have been submitted or generated by a script, macro, bot or any other automated means may be disqualified in Sponsor’s sole discretion. Entries that are mechanically reproduced, copied, illegible, incomplete, postage due, late, inaccurate or for any reason not successfully submitted are ineligible. Incomplete entries or entries not complying with these Rules are subject to disqualification, at the Sponsor’s sole discretion. If any entry in this Sweepstakes attempted by a person is disqualified then all entries for that person may be ruled ineligible in the Sponsor’s sole discretion. Proof of submission of an entry does not constitute proof of delivery to or receipt by Sponsor. Entries and all included or related data or content become the property of the Sponsor and entries will not be acknowledged or returned. Sponsor’s decisions are final on all matters relating to this Sweepstakes. If a dispute arises as to the identity of an entrant or as to who was the person who submitted a given entry, Sponsor will be free to resolve such dispute in Sponsor’s sole discretion, which might include, for example, resolving that the entry was submitted by the authorized account holder of the email address associated with the entry. For purposes such as these, Sponsor will be free to conclude that the authorized account holder is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address. The database clock or other device designated by Sponsor will be the official timekeeping device for the Sweepstakes. Sponsor is not required to verify, confirm or comment on information submitted, entries made or attempted, status, eligibility or any particular entrant or entry, nor otherwise respond to inquiries regarding the Promotion except as expressly specified in these Rules.
AUTHORIZATION TO SEND MARKETING COMMUNICATIONS. If, as part of your undertaking to enter the Promotion, you indicate (by checking a box, by leaving a pre-checked box checked or by any other method) your willingness to receive promotional or marketing contacts or messages (an “Opt-In”), then Sponsor and any other company or person so identified at the point of entry, and their respective affiliates, shall be deemed authorized by you to make use of the email address and any other contact information you submit to send you marketing and promotional communications, offers, updates, information and tips relating, respectively, to their business until such time (or a reasonable time thereafter) as you clearly withdraw such Opt-In (e.g., by unsubscribing from such messages via an un-subscribe link in an email message you might receive). Consenting to receive such communications is optional and does not have to be agreed to in order to be eligible to enter the Sweepstakes and does not improve your chances of winning.
COMPLIANCE WITH SOCIAL MEDIA PLATFORMS’ RULES. You agree to comply with all of the rules, terms of use, policies and guidelines of any social media platform or facilities (e.g., Facebook, Instagram, LinkedIn, Pinterest, Twitter, YouTube, etc.) (each, a “Social Platform”) you use in connection with this Promotion or that relates to your participation in this Promotion. YOU UNDERSTAND THAT THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY ANY OF THE SOCIAL PLATFORM, NOR BY COMPANY(IES) OR PERSON(S) OWNING, OPERATING OR OFFERING ANY SOCIAL PLATFORM. YOU AGREE THAT NO SUCH SOCIAL PLATFORM, COMPANY OR PERSON SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER WITH RESPECT TO THIS PROMOTION.
6. THE PRIZE. Sponsor is offering the following as the prize in this Promotion (the “Prize” or “Promotion Prize”): (i) US$20,000 (payable by check, money transfer, a cash card or any other means selected by Sponsor: and (ii) the Purchase Credit (defined below). The “Purchase Credit” means a coupon, certificate or other form of credit in the amount of $5,000 in value that may be applied toward the purchase from the Prize Sponsor of goods and/or services offered by the Prize Sponsor at the time of the Winner’s use of such coupon, certificate or other form of credit, but subject to such restrictions, terms and conditions as the Prize Sponsor has associated with such coupon, certificate or other form of credit. If, or to the extent, the Purchase Credit is not used prior to its time of expiration, and in accord with all associated restrictions, terms and conditions, then it shall be deemed forfeited by the Winner. There will be only a single (1) prize offered in this Promotion, and there will be only a single (1) Winner. The Prize has an approximate retail value (“ARV”) of US$25,000. Only the Prize described above in this Section 6 is being offered in this Promotion.
The odds of winning the Prize depend on the number of eligible entries received. (For example, if exactly 1,000 eligible entries were received, then the odds of any given eligible entry being drawn from among all eligible entries to win the Prize would be one chance in 1,000.
All taxes and any other charges or costs associated with any prize are the sole responsibility of the Winner. The Winner is responsible for all taxes and other charges and costs associated with the receipt, use or enjoyment of any prize they win. The Prize may not be transferred, substituted or redeemed for substitute property, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if the designated Prize is unavailable for any reason. The Promotion Prize will be awarded, provided there is a sufficient number of entries received (and not disqualified). If the winner of the Prize is deemed a minor in his/her State or place of residence, the Prize will be awarded in the name of a parent or legal guardian, but only upon their signing a Prize Release (defined below).
WINNER, AND EACH ENTRANT, AGREES THAT SPONSOR AND THE PROMOTION SUPPORTERS (IF ANY), AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, HAVE NOT MADE, AND ARE NOT RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE (INCLUDING BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS) OR THE SWEEPSTAKES.
PRIZE SPONSOR. The Prize is provided in part by Fireclay Tile, Inc., a corporation having a business address at 111 Rhode Island St., Suite F, San Francisco, CA 94103 (“Fireclay,” or Prize Sponsor): Fireclay is providing the Purchase Credit (described above) as part of the Prize, and is doing so in anticipation of realizing advertising, marketing and promotional benefits. Fireclay is a Prize Sponsor, a Promotion Supporter and a Released Party for purposes of these Rules (and within the meanings of such terms as provided for in these Rules).
7. DETERMINATION OF WINNER. The potential winner of the Promotion Prize will be selected in a random drawing. After the Promotion Period has ended, a random drawing will be conducted from among the entries received by Sponsor during the Promotion Period, and one Prize will be awarded based on such drawing. The random drawing will be conducted by Sponsor or its designee, and will be conducted approximately one to two weeks after the end of the Promotion Period. Sponsor’s decisions (whether made directly or by one of its designees) are final on all matters relating to the Promotion Period, the drawing, the determination of the Winner and the awarding of the Prize.
A potential winner will be notified (by electronic mail, overnight courier, telephone, U.S. mail or otherwise) promptly after the random drawing. The potential winner may be required, as a condition to being named the Winner and receiving the Promotion Prize, to submit a signed statement of a form and content acceptable to Sponsor that, among other things, verifies their identity, eligibility, residence and other information, confirms agreement to these Rules, represents eligibility under and compliance with these Rules, confirms a release of claims and of the Released Parties (defined below) not inconsistent with these Rules and agrees to accept the Promotion Prize and to do so subject to all prize parameters, conditions, requirements and limitations (a “Prize Release”). Whether as part of the Prize Release or separately, the potential winner may also be required, as a condition to being named the Winner and receiving the Promotion Prize, to submit a signed publicity release and Federal, State and/or local tax release. In Sponsor’s discretion, Sponsor will be free to notify an entrant that they have won the Prize by awarding them the Prize, or at the time they are awarded the Prize, with or without any prior notification or contact.
A potential winner must return any requested documents, properly executed, within five (5) calendar days of issuance of notification and provision to him/her of such documents. Non-compliance within this time frame or with these Rules, or if the Prize notification is returned or otherwise designated as undeliverable or otherwise ineffective, may result in the entrant being disqualified (without notice), and the Prize being awarded to another entrant.
In the event that a potential winner is disqualified for any reason, the Prize will be awarded to an alternate entrant, based on the next randomly selected Entry, and the same process and requirements as set forth in these Rules (as to a potential Winner) may be applied to any such alternate entrant who Sponsor identifies as a potential alternate winner of the Prize. No more than one (1) alternate entrant is required to be discerned and designated with respect to the Promotion Prize, after which the Prize may remain un-awarded in Sponsor’s sole discretion. Otherwise, the Prize will be awarded — unless there are not sufficient qualifying entries.
The person designated by the Sponsor (either directly or by one of its designees) as the final winner of the Promotion Prize and complying with these Rules (the “Winner”) will be entitled to the Promotion Prize.
8. CERTAIN TERMS REGARDING PARTICIPATION, WINNING. By entering, or attempting to enter, the Sweepstakes, you agree to be bound by these Rules including all eligibility requirements. Sponsor will collect personal identifying information from the entrant for the purpose of administering the Sweepstakes, notifying and disclosing the Winner and/or potential winner and, with respect to the Promotion Prize winner, promoting Sponsor’s business relating to the Sweepstakes. Sponsor will not share such personal identifying information with any un-affiliated third parties, except as necessary for the foregoing purposes (e.g., administration of the Sweepstakes) or except as otherwise provided by these Rules, authorized by the entrant or required by law or legal process. Except insofar as use is otherwise permitted under these Rules, Sponsor’s use of personal identifying information submitted by entrants in connection with this Sweepstakes will be subject to the terms and conditions stated in the Sponsor’s Privacy Policy available at http://www.move.com/company/privacy.aspx (the “Sponsor Privacy Policy”). All materials submitted in connection with the Sweepstakes become the property of Sponsor and will not be returned. By accepting, and as a condition to being awarded, the Prize, the Winner (1) consents to the use of his/her name, image, likeness, photograph, voice, persona, statements and biographical material and entry submission for advertising, publicity and promotional purposes by Sponsor, or a party designated by Sponsor, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press or media for viewing, whether via TV, radio, Internet, print or otherwise, throughout the world, for ninety-nine (99) years, without monetary or other compensation and without further notification or permission, except insofar as prohibited by applicable law and (2) agrees to cooperate with Sponsor and its designees regarding post-Sweepstakes promotional efforts Sponsor may wish to undertake in order to publicize the Winner, the winning of the Prize, the particular use(s) to which the winner puts or plans to put the Prize, how the Prize affects the Winner and other related aspects, which cooperation may include, without limitation, recorded interviews, photo or video opportunities, before-and-after presentation, and/or status presentations, of remodeling or redecorating planned or performed with use of the Prize, and other events that may involve the Winner. You agree to abide by the terms of these Rules and the decisions of the Sponsor, which are final, and waive any right to claim ambiguity in these Rules.
USE AND SHARING OF REGISTRATION DATA AND SURVEY INFORMATION.
Registration Data. Without limiting what is permissible under applicable law or otherwise under these Rules, Sponsor, its parent company and their respective subsidiaries and affiliates (each a “Sponsor Company”), either directly and/or through its advertising or promotion agencies, service providers, contractors or other designees, may use your email address and other Registration Information to send marketing, advertising, informational and other messages to you, and, with respect to email messages, may do so until such time (or a reasonable time thereafter) that you unsubscribe from receiving further such messages by way of an un-subscribe link included in such an email message you might receive from a Sponsor Company. “Registration Information” means any and all information, including, without limitation, your email address and phone number if submitted by you, submitted by you in connection with entering the Promotion (but not including Survey Information).
Survey Information. Each of the Sponsor Companies may use the Survey Information for any purposes not contrary to the Sponsor Privacy Policy (defined above) and not contrary to such laws and regulations as are applicable to the relevant Sponsor Company and any such use by it of the Survey Information. “Survey Information” means any and all information submitted by you in connection with your responding to questions (or information prompts) presented to you as part of the process of entering the Promotion.
9. LIMITATION OF LIABILITY, INDEMNITY AND DISCLAIMERS.
UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED THE VALUE OF THE PRIZE(S) DESCRIBED IN THESE RULES, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS BEING INTENDED TO APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED. UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY ATTORNEYS’ FEES, COSTS, EXPENSE OR OTHER AMOUNT INCURRED BY YOU IN CONNECTION WITH ANY CLAIM OR PROCEEDING RELATING TO THESE RULES, THE PROMOTION OR ANY PRIZE OR OTHER RELATED MATTER.
As used in these Rules, “Released Party(ies)” means and includes, Sponsor, its advertising and/or promotion agencies, any Promotion Supporters (defined above), any person or entity in whole or in part designing, manufacturing, assembling, distributing, processing, providing, supplying, fulfilling, delivering or honoring any prize, any Social Platform, the company(ies) or person(s) owning, operating or offering any Social Platform, any of the contractors, licensors or suppliers of any of the foregoing, any of the parents, subsidiaries or affiliates of any of the foregoing and any of the directors, officers, employees, agents or representatives of any of the foregoing. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any maker or provider of any prize, not to any other Released Party nor to any other person or entity. In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND THE OTHER RELEASED PARTIES FROM ANY CLAIMS, ACTIONS, INJURY, LOSS, LIABILITY OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM YOUR BREACH OF THESE RULES, OTHER WRONGFUL CONDUCT, THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE, ANY AUTHORIZATION, CONSENT, AGREEMENT OR LICENSE YOU MAKE OR GIVE UNDER THESE RULES OR IN CONNECTION WITH THE PROMOTION, OR YOUR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY PRIZE-RELATED ACTIVITY.
YOU AGREE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR ANY PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASED PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PROMOTIONAL WEB SITE AND THE RELEASED PARTIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
Released Parties are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen, misdirected or unsuccessful submissions, or problems of any kind, whether mechanical, human or electronic. Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to submit an entry, impairment of the winner selection process, or fraud, incomplete, garbled, delayed or unsuccessful computer transmissions or inaccurate, incomplete, unintentionally omitted or otherwise flawed transcription, tracking, collection or recognition of entries or of entry information, whether caused by Sponsor, 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 (whether in the processing of submissions or otherwise) and/or which may damage a user’s system or limit an Eligible Person’s participation, or ability to participate, in the Sweepstakes. Released Parties are not responsible for late, lost, incomplete, illegible, damaged, postage-due, misdirected or unsuccessfully-submitted entries or mail. Released Parties are not responsible for issues related to any background check, including errors or mistakes in conducting the check or errors or mistakes in the results produced or the handling, interpretation or use thereof. Entry materials that have been tampered with or altered may be disqualified in Sponsor’s sole discretion. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion and discretion, compromised by virus, worms, bugs, non-authorized human intervention, a circumstance(s) of the kind described above in this paragraph or any other cause(s) that, in the sole opinion and discretion of the Sponsor, corrupt or impair the administration, security, fairness, integrity or proper operation of any aspect of the Sweepstakes, including, but not limited to, the winner selection process or the submission, tracking, collection or recognition of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor reserves the right, at its sole discretion and with or without notice, to adjust, modify or terminate the Sweepstakes and/or its operation and, if so adjusted, modified or terminated, to, at its sole discretion, select the potential Winner by way of a random drawing or like method Sponsor may choose (for example, a drawing from among such entries as Sponsor may practicably and without significant burden be able to identify as duly submitted and received notwithstanding such compromise or inability. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any entrant who violates these Rules or interferes with the Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate such entrant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website, page, form, mobile application or other medium or system associated with the Sweepstakes via a bot, script or other similar or brute force method or attack, or via any other unauthorized means, will result in that individual and/or that individual’s email address and/or IP address becoming ineligible in Sponsor’s sole discretion. Use of automated entry devices or programs is prohibited.
10. DISPUTES; GOVERNING LAW; CHOICE OF VENUE. All issues and questions concerning these Rules, including, without limitation, the construction, validity, interpretation and enforceability of these Rules, or concerning the rights and obligations of any Eligible Person and/or of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any conflicts of laws rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Any and all disputes, claims or actions arising out of or in connection with the Sweepstakes, or any prize, shall be resolved individually, without resorting to any form of class action, and any judicial proceedings shall take place exclusively in a federal or state court located within Los Angeles County, California. To the extent permissible under applicable law, you hereby waive any right to a jury with respect to any such proceeding.
11. WINNER LIST. For the name of the Winner, mail a self-addressed, stamped envelope after June 30, 2018, but before December 31, 2018, to: Remodelista, Floor 4, BB23, 1211 Avenue of Americas, NY, NY 10036, Attn: Remodelista Spring Remodel Sweepstakes . Sponsor reserves the right to identify the Winner on only a limited basis (e.g., by first or last name or initial and State, region or town of residence) or by providing full (or fuller) identifying information as to the Winner.
12. GENERAL. You agree to comply with all laws, regulations and court orders applicable to your acts and omissions relating in any way to this Sweepstakes. Sponsor is free to interpret these Rules in its good faith but otherwise sole discretion. Sponsor’s good faith interpretation of these Rules, and Sponsor’s decisions as to any and all matters relating to this Sweepstakes, are final. Any interpretation of these rules, and any such decision, by Sponsor shall be presumed to be in good faith and otherwise proper. By participating in this Sweepstakes, each entrant agrees to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Sweepstakes, participation in this Sweepstakes, the operation, administration, change, termination or cancellation of the Sweepstakes or any acceptance, use, misuse or consequence of any prize. Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Sweepstakes at any time and with or without notice and (ii) to disqualify any individual that tampers or attempts to tamper with the entry or winner-selection process, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to (or in effect does) annoy, abuse, disrupt, threaten or harass any person or this Sweepstakes. These Rules constitute the full and exclusive agreement relating to the Sweepstakes. In the event of any conflict between these Rules and any statement, advertisement, document or communication relating to the Sweepstakes, these Rules shall prevail. Entrants may copy these Rules for the sole purpose of personal use and not for any commercial purpose whatsoever. Notwithstanding any other terms of these Rules, this Sweepstakes is VOID WHERE PROHIBITED BY LAW.
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REMODELISTA® is a registered trademark of Sponsor. Other marks used in these Rules are the property of their respective owners.
© 2018 Move Sales, Inc. All rights reserved.
