LIVING SPACES STEARNS & FOSTER 175TH ANNIVERSARY GIVEAWAY (the “Promotion”)
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS PROMOTION IS INTENDED FOR ENTRY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY US LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID OUTSIDE OF THE STATES LISTED BELOW AND WHERE PROHIBITED. MUST HAVE VALID EMAIL ADDRESS. STANDARD, DATA AND INTERNET ACCESS RATES MAY APPLY.
This Promotion is open only to legal U.S. residents of AL (19 yrs. of age), AR, AZ, CA, CO, CT, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MO, MS (21 yrs. of age), MT, NC, ND, NE (19 yrs. of age), NH, NJ, NM, NV, OK, OR, PA, SC, SD, TX, UT, VA, WA, WI, WV and WY who are eighteen (18) years of age or older at time of entry. Void outside of these listed states and where prohibited. All federal, state and local laws and regulations apply. Employees, officers, and directors of Living Spaces Furniture, LLC (“Sponsor” or “Living Spaces”) and its parent, subsidiaries, and affiliated companies, and the advertising and promotion agencies and manufacturers or distributors of Sponsor (and their immediate family members, including spouse, parent, child, sibling and their respective spouses, and individuals residing in the same household (whether related or not) of such persons) are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of any potential winner.
2. HOW TO ENTER
Living Spaces shall on Friday, August 20, 2021 at 12:00 pm (Pacific Time) post a gallery post on its Instagram account about two (2) designer mattresses from Stearns & Foster; such Living Spaces’ Instagram post will include the text “Giveaway”. To participate, (1) follow Living Spaces on Instagram, (2) comment on which of the two (2) mattresses you love more on such Living Spaces’ Instagram gallery post about Stearns & Foster, (3) tag a friend and (4) insert the tag: #stearnsandfoster. Once you comment on such post with the referenced tag and also tag a friend, you receive one (1) entry into the Promotion per Instagram account. Your comment must be posted directly to such Living Spaces’ post about Stearns & Foster, you must tag a friend, and you must include such referenced tag (the “Tag”) in order to be eligible. A comment posted on your own Instagram account is not eligible. Your Instagram account must be set to permit public viewing. By using the Tag in connection with your Instagram post and comment, you are acknowledging and agreeing that Sponsor has the right to stream your post and comment through the Instagram API or otherwise use your post and comment in any and all media for all marketing, advertising and sales purposes without any geographic limitation. To be an eligible entry, the post and comment must also meet the following requirements: (i) the comment must be the entrant’s original, previously, unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); and (ii) comment must not include any materials that are obscene, pornographic, libelous or otherwise objectionable. Any entry featuring a comment that, in Sponsor’s good faith judgment, violates these requirements will be disqualified and not be considered an eligible entry. Each eligible entry received during the Promotion Period will be entered into the Promotion. Limit one (1) entry per Instagram account during the Promotion Period. The Promotion Period begins on Friday, August 20, 2021 at 12:00 pm (Pacific Time) and ends on Friday, August 27, 2021 at 5 pm (Pacific Time).
Standard data rates may apply if you access your Instagram account or the Sponsor’s website from your mobile device, and you are solely responsible for any such charges. Automated entries are prohibited and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process.
Alternate Method of Entry: On a 3" x 5" card, handprint your name, mailing address, city, state, zip code, telephone number (including area code), email address, and date of birth, insert 3" x 5" card in a #10 envelope, affix proper postage to envelope and mail to: Living Spaces Stearns & Foster Promotion, c/o Living Spaces Furniture, LLC, Attn: Marketing, 14501 Artesia Boulevard, La Mirada, CA 90638. Entries must be postmarked and received by Friday, August 27, 2021 at 5 pm (Pacific Time) in order to be eligible for the prize drawing. LIMIT ONE (1) ENTRY PER PERSON. Mail-in envelopes larger than a #10 envelope and incomplete, illegible, inaccurate or postage due entries will be automatically disqualified. All alternate entries become the property of Sponsor and will not be returned.
3. WINNER SELECTION
Two (2) winners will be selected in a random drawing on Friday, September 3 at 5 pm (Pacific Time) from among all eligible entries received by Sponsor. Odds of winning depend on the number of eligible entries received during the Promotion Period. The potential winners will be notified by Instagram direct messaging or email, as the case may be, within five (5) business days of the drawing. The potential winners are subject to verification, including verification of age and address, and must provide upon request all additional affidavits of eligibility and releases and completed tax identification form(s). If any potential winner fails to respond to the prize notification message by March 31, 2021 at 5 pm (Pacific Time) and/or fails to provide any requested information and documents; if prize correspondence or prize is returned as non-deliverable; or if a potential winner is found not to be eligible or not in compliance with these Official Rules, prize will be forfeited and alternate winner(s) may be selected in Sponsor’s sole discretion. In the event that a potential prize winner is disqualified for any reason, Sponsor reserves the right to award the prize to alternate entrant(s) who will also be selected randomly, even if the disqualified potential prize winner’s name has already been publicly announced. Sponsor is not responsible for any change of contact information of entrants. Unclaimed prize will not be awarded. The prize will be mailed within 30 days of the winner’s verification. Sponsor’s decisions are final and binding on all matters related to the Promotion.
It is expected that the winner will be announced on Instagram stories and in Living Spaces’ retail stores on or about September 17, 2021.
each winner will receive one (1) of the mattresses highlighted in such Living Spaces’ Instagram post related to Stearns & Foster. Delivery of the prize may not be available in all areas. No substitution or cash equivalent of prizes are offered, and no transfer of a prize to a third party is permitted, except as determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a prize in whole or in part with one of equal or greater value. Federal, state, and/or local taxes (including any income taxes) and any other fees or costs associated with the prize are the sole responsibility of the winner regardless of whether the prize, in whole or in part, is used. The winner’s use of his/her gift card is subject to the terms set forth thereon and/or determined by Sponsor. Winner must present the card at time of purchase and the total amount will be deducted until funds are depleted. The value of a gift card is not redeemable for cash unless required by law, or otherwise in Sponsor’s sole discretion. No replacement cards will be issued for lost or stolen gift cards.
5. GENERAL CONDITIONS
ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION.
6. RELEASE OF LIABILITY
By accepting the prize, winner agrees that the employees, contractors, directors, officers, and agents of Sponsor, its parent, subsidiary and affiliated companies, advertising, fulfillment, judging and promotion agencies will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Promotion, or from acceptance, possession, misuse or use of any prize. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, email transmissions, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion to cancel or suspend this Promotion should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper operation of the Promotion. In the event of cancellation, Sponsor will randomly award the remaining prizes from among all eligible, non-suspect entries received prior to cancellation.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides 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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Except where prohibited by law, winner grants permission for Sponsor and those acting under its authority to not only use the uploaded photo but also his/her name, photograph(s), voice 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 additional compensation.
8. BINDING ARBITRATION
You agree that any controversy or claim arising out of or relating to the Promotion 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 you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Sponsor, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than 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 or more expensive than the cost of litigation. 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. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR 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.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
9. GENERAL CONDITIONS
Void outside of the states listed above and where prohibited. By participating, each entrant agrees to these Official Rules, and to the Sponsor’s decisions, which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, 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 the preceding section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Los Angeles County, California.
10. WINNER’S LIST
For the names of the winners, mail a self-addressed, stamped envelope to: Living Spaces N + J Favorite Promotion, c/o Living Spaces Furniture, LLC, Attn: Marketing, 14501 Artesia Boulevard, La Mirada, CA 90638.
Living Spaces Furniture, LLC, 14501 Artesia Boulevard, La Mirada, CA 90638. This Promotion is not sponsored, endorsed or administered by, or associated with Instagram.