LIVING SPACES CONTENT SUBMISSION GIVEAWAY (the “Promotion”) OFFICIAL RULES
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 CALIFORNIA, NEVADA, ARIZONA, TEXAS, AND WHERE PROHIBITED.
This Promotion is open only to legal residents of California, Nevada, Arizona, and Texas who are 18 years of age or older. All federal, state and local laws and regulations apply. Employees, officers, directors, and members of Living Spaces Furniture, LLC (“Sponsor”), and its parent, subsidiaries, and affiliated companies, and the advertising and promotion agencies, and manufacturers or distributors of promotion materials involved with this Promotion (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 employees, officers and directors) are not eligible to enter or win. Void outside California, Nevada, Arizona, and Texas, and where prohibited.
2. HOW TO ENTER AND USE OF PHOTO BY LIVING SPACES
To enter, visit www.livingspaces.com/inspiration/my-living-spaces (the “Website”) and follow the on-screen instructions to submit a photo of your Living Spaces furniture and décor (“Photo”) to receive one (1) entry into the Promotion. Each Photo must be unique to receive an entry. You are limited to one (1) entry during each calendar month of the Promotion Period and each entry is only for such calendar month. The Promotion Period begins on August 1, 2019 at 12:00 am (Pacific Time) and ends on December 31, 2019 at 11:59 pm (Pacific Time).
Standard data rates may apply if you access the 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. Use of email addresses from disposable or temporary email address services, or email forwarding services, is prohibited and any attempt to enter using such an email address will be blocked. Only Photos submitted with valid email addresses are eligible. Should multiple users of the same e-mail account enter the Promotion and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant, provided they are otherwise eligible to enter the Promotion. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process.
By submitting a Photo, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to otherwise disclose the ideas contained in the Photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
3. WINNER SELECTION
One (1) winner will be selected each calendar month during the Promotion Period. Potential monthly winners will be selected in a random drawing to take place within five (5) business days after the end of each calendar month during the Promotion Period by Sponsor, whose decisions are final and binding on all matters related to the Promotion. Odds of winning depend on the number of eligible entries received for the corresponding calendar month during the Promotion Period. Eligible entries for a corresponding calendar month are not entered in any drawings for any subsequent months. The potential winner for each calendar month during the Promotion Period will be notified by email within five (5) business days of the drawing. Potential winners are subject to verification, including verification of age. If any potential winner fails to respond to the prize notification email within ten (10) days; 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 an alternate winner 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 an alternate entrant 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 email address, phone number, mailing address, or other contact information of entrants. Unclaimed prizes will not be awarded. Prizes will be mailed on a rolling basis within 4-6 weeks of each respective winner’s verification.
Each winner will receive a $500 Living Spaces promotional card, usable for Living Spaces purchases in Living Spaces retail stores and online at www.livingspaces.com. 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 winners regardless of whether the prize, in whole or in part, is used. Each winner’s use of his/her promotional card is subject to the terms set forth thereon and/or determined by Sponsor. Winners must present the card at time of purchase and the total amount will be deducted until funds are depleted. The value of a promotional card is not be redeemable for cash unless required by law, or otherwise in Sponsor’s sole discretion. No replacement cards will be issued for lost or stolen promotional cards. Promotional cards expire on the date set forth on the card.
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 a prize, each winner agrees that the employees, contractors, directors, officers, members, 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, each winner grants permission for Sponsor and those acting under its authority to use his/her Photo, 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 California, Nevada, Arizona, and Texas, 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 any applicable winners, mail a self-addressed, stamped envelope to: Content Submission 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.