Official Rules: Bob Vila’s $5,000 “New Year, New You” Mattress Giveaway with Ashley HomeStore
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ONLY ONE ENTRY WILL WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
1. SWEEPSTAKES & ENTRY PERIOD. Bob Vila’s $5,000 “New Year, New You” Mattress Giveaway (the “Sweepstakes”) is sponsored by Vila Media, LLC, Post Office Box 835, West Barnstable, MA 02668 (“Sponsor”). The prize will be provided by Ashley HomeStore (the “Prize Provider”). The Sweepstakes consists of one (1) random drawing and one (1) prize awarded per random drawing. The Sweepstakes and entry period begins at 12:00 p.m. Eastern Time (“ET”) on January 15, 2020, and runs through 11:59 a.m. ET on February 15, 2020 (the “Sweepstakes Period”). Sponsor’s time-keeping mechanism is the official time-keeping mechanism for this Sweepstakes.
2. ELIGIBILITY. Open only to residents of the continental United States (including the District of Columbia, but excluding Alaska and Hawaii) who are age 18 or older. Void where prohibited or restricted by law. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and the advertising and promotion agencies involved in the administration of this Sweepstakes, and their immediate family members or household members are not eligible to participate in or win the Sweepstakes. Sponsor reserves the right to disqualify any person who fails to meet the eligibility requirements or any person it determines, in its sole discretion, to be sufficiently connected with the Sweepstakes such that such person’s participation could create the appearance of impropriety. Entries generated by script, macro or other automated means are void, and Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated program or via scripts. Entries that are determined, in the sole discretion of the Sponsor to constitute advertisements, commercial messages, or “spam” will be disqualified and deleted. All applicable federal, state and local laws apply. No purchase is necessary to participate in the Sweepstakes.
4. WINNER SELECTION. Following the end of the Sweepstakes Period, employees or representatives of Sponsor will randomly draw one (1) potential winner from all eligible entries to receive the prize. Only one (1) prize will be awarded to a single winner. The number of eligible entries received during the Sweepstakes Period determines the odds of winning. The Sweepstakes will be conducted under the supervision of the Sponsor. If the potential winner is determined to be ineligible, forfeits or does not claim the prize, the prize will be re-awarded, in Sponsor’s sole discretion based on a subsequent drawing from the pool of eligible entries. Other restrictions may apply. Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules.
By entering or accepting a prize in the Sweepstakes, the Winner agrees to be bound by these Official Rules and to comply with all federal, state and local laws and regulations. As a condition to claiming the prize and being verified as the winner, a potential winner will be required to execute and return to Sponsor within five business days an Affidavit of Eligibility, a Liability and Publicity Release. The potential winner will also be sent a relevant tax form W-9 (Request for Taxpayer Identification) and 1099-misc form from the Prize Provider to be eligible for the prize, or an alternate winner may be selected. Winner may be required to furnish proof of identity, address and birth date in order to be verified as the winner to receive the prize.
The potential winner will be notified by email or by phone; Sponsor reserves the right to determine the method of notification. The potential winner must respond to Sponsor’s attempt to contact such person within twenty-four (24) hours after the date of notification. Failure to respond to the prize notification attempt within the specified twenty-four (24) hours will be considered such potential winner’s forfeiture of the opportunity to claim the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor reserves the right to ship the prize directly to the physical address provided during entry. Prize will be shipped in coordination with the winner following completion of winner verification.
5. PRIZE. One (1) winner will receive one (1) prize package, with an approximate retail value of $5,000 from Ashley HomeStore. Prize products are limited to mattresses, foundations, and power bases, excluding all Tempur-Pedic® products. The total retail value of the prize package is $5,000. Prize Provider will cover any shipping and handling costs. To redeem this prize package, the winner must contact Ashley HomeStore’s representative directly. Contact details to be provided following prize winner confirmation. No transfer, substitution or cash redemption will be awarded in lieu of the prize. Winner must take delivery of the prize package within 30 days after the winner is verified, provided that any shipping delays by the carrier elected are beyond Sponsor’s control and will be notified to the winner if and when they arise. An entrant or winner may be disqualified from the Sweepstakes, and his or her entry may be deleted, if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. All costs and expenses incurred in claiming or using the prize, which are not described in these Official Rules as part of the prize package, including all income and all other federal, state and local taxes (if any) are the sole responsibility of the winner.
6. LIMITS ON LIABILITY. Sponsor and the Prize Providers shall not be liable for (1) failed, returned or misdirected notifications based on inaccurate contact information provided by the winner, (2) entries, notifications and responses to notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical or other error of any kind, (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in part or wholly in the Sweepstakes, or (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in this Sweepstakes. Sponsor offers no manufacturer’s warranty on prize package components; any warranty is solely that made available by the manufacturer. Sponsor does not make any, and hereby disclaims any and all, representations or warranties of any kind regarding any prize.
By entering, an entrant agrees to indemnify, release and hold harmless Sponsor and the Prize Providers, and each of their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, licensees and representatives (collectively, the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from their acceptance, possession and/or use of any prize (or any part thereof) or their participation in the Sweepstakes, or from any misuse or malfunction of any prize awarded (or any part thereof), regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Released Parties are not responsible or liable to any entrant or to any Winner or any person claiming through such Winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, 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 the Released Parties’ sole control.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, electronic or human errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) viruses or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or (7) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries. These indemnification and release provisions shall survive expiration of the Sweepstakes.
Persons found tampering with, abusing, or otherwise disrupting any aspect of this Sweepstakes, or otherwise attempting to defraud Sponsor, as solely determined by Sponsor, will be disqualified and their entries will be deleted. If disqualified, Sponsor reserves the right to terminate the entrant’s eligibility to further participate in this Sweepstakes and future promotions and sweepstakes of Sponsor or any of its subsidiaries or affiliates. Any attempt by an entrant or any other individual to undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
7. PUBLICITY. Unless prohibited by applicable law, your entry constitutes your permission to Sponsor and its designees to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any further compensation or notice to such entrant.
8. ADDITIONAL TERMS. This Sweepstakes is strictly for promotional and entertainment purposes and may not be used in connection with any form of gambling. In the event this Sweepstakes is challenged by any legal or regulatory authority, Sponsor reserves the right to terminate the Sweepstakes, or to disqualify entrants residing in the affected geographic areas. In such event, the Sponsor shall have no liability to any entrants who are disqualified due to such an action. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in their sole discretion, to cancel or suspend this Sweepstakes should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Sweepstakes. In the event any portion of this Sweepstakes is compromised by any non-authorized human intervention, actions of entrants, or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or impair the integrity, administration, security, or operation of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to suspend, modify, abbreviate or terminate the Sweepstakes without further obligation. If Sponsor elects to abbreviate the Sweepstakes, the winner will be determined from all eligible entries received prior to the action or compromise giving rise to the suspension or termination of this Sweepstakes. In the event of cancellation, abbreviation or suspension, Sponsor shall promptly post a notice on the Sweepstakes entry page to such effect.
9. APPLICABLE LAW; DISPUTES. This Sweepstakes shall be governed by New York law. By participating in this Sweepstakes, entrants agree that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by a federal or state court located in New York, New York, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees. ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM INDIRECT, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The failure to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.
10. WINNER LIST. To receive a complete list of winners or a copy of the Official Rules, send a self-addressed stamped envelope to Prize Fulfillment, Vila Media, LLC, PO Box 835 West Barnstable, MA 02668. Specify winner’s list or rules on your request.