Get Floored Giveaway Sweepstakes
Official
Rules
NO
PURCHASE NECESSARY TO ENTER OR
Sweepstakes
Name: Get Floored Giveaway – DC (the “Sweepstakes”).
Sweepstakes Dates: Sweepstakes registration begins at 12:00:00
AM Eastern Time (ET) on September 17, 2018 and ends at 11:59:59 pm (ET) on November
30, 2018 (the “Registration Period”). Sweepstakes is subject to all applicable federal, state
and local laws and regulations. Void outside
of
Maryland, Virginia, District of Columbia and wherever prohibited or restricted by law.
Who
may Enter:
Sweepstakes is open only to legal residents of Maryland,
Virginia, and District of Columbia who live within 250 miles of Washington, DC, who are age 18 or older as of date of
entry and have a valid U.S. driver’s license or government issued photo ID,
except the following persons who are not eligible to enter or win:
(a)
Employees,
officers, and directors of Floor and Decor (“Sponsor”), Million Dollar Media,
LLC (the “Sweepstakes Administrator”), and, as applicable, each of their
respective parents, affiliated companies, subsidiaries, distributors, printers,
advertising and promotion agencies, and any and all other companies associated
with the design or execution of this Sweepstakes (collectively, “Released
Parties”), and the members of the immediate families or same households,
whether or not related, of any of the above. “Immediate family members”
includes, for purposes of this Sweepstakes, parents (including in-laws),
grandparents, siblings (including step-siblings), children (including
step-children), grandchildren (including step-grandchildren) and each of their
respective spouses, regardless of where they reside.
(b)
Individuals
who do not have access to the internet as of November 30, 2018 in order to register
for the Sweepstakes;
How to Enter: During the
Registration Period, (i) follow the Floor and Decor Instagram handle
(@flooranddecor), (ii) visit https://www.instagram.com/cravingcreative/ (the
“Influencer”) and look for the Influencer’s Get Floored Giveaway Sweepstakes Instagram
post, (iii) tag two (2) friends in the comments section of the Influencer’s Get
Floored Giveaway Sweepstakes post, (iv) include the hashtag #GetFlooredGiveawayDC #Sweepstakes (“Instagram
Entry”). NOTE: To enter the Sweepstakes in this method, you
must be an active holder of a non-private Instagram account (holders with
private account settings may not enter in this method). If you do not have the Instagram application,
you may download it through the application store on your mobile device. The
Instagram application is free, and Instagram’s Terms of Use apply. For details,
visit http://instagram.com/legal/terms/.
Submitted entries will appear on Instagram under the hashtag #GetFlooredGiveawayDC. If you enter on
a wireless service provider’s network (as opposed to a WiFi network), your
carrier’s text and data rates will apply. You should consult your wireless
service provider’s pricing plan for details.
You agree to incur any and all charges imposed by your wireless carrier.
All
entries must be submitted and registration must be fully completed with all
required information by 11:59:59pm ET on November 30, 2018 to be eligible. Maximum of one entry per person. Each
participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another
individual or using another person’s name, Instagram account, or providing any
false information will be disqualified.
Any attempt by any participant to obtain more than the stated number of
entries allowed by using same, multiple/different social media handles,
identities, or any other methods void all that participant's entries and that
participant will be disqualified. No mechanically produced or automated
entries permitted. Use of any automated system (including but not limited to third party sweepstakes/contest
entry services) to participate is prohibited and will result in
disqualification and all such entries will be deemed void. False and/or deceptive entries or acts,
including misrepresentation of age, shall render such entries ineligible.
All
Entries in the Sweepstakes become the sole property of Sponsor and will not be
returned. Each Entrant agrees that their submission may be viewed by the public,
and shall become the property of Sponsor. However, the fact that a submission
is viewable by the public does not constitute any representation as to Sweepstakes
eligibility or notification of selection as a prize winner in the Sweepstakes.
Sponsor reserves the right to disqualify and remove submission at any time that
is not in compliance with these Official Rules.
All Entries must conform to the submission requirements as outlined
above and below, or it may be disqualified and not considered for the Sweepstakes.
Any
additional individuals included in a post via Instagram Entry or referenced in
any Entry, may be required to provide Entrant with express consent and
permission for their names, identities and/or images to be included and
submitted in the Sweepstakes, and such Entrant is solely responsible for
obtaining all authorizations or approvals.
The individual who submitted the Instagram Entry shall be designated as
the official Entrant competing in the Sweepstakes, regardless of any other individuals
included in the Entry, and shall be the only individual eligible for any
resulting prize award (see below). Any
unauthorized photo or other submissions will be disqualified.
By participating and submitting an
entry, contestant agrees that Sponsor and participating parties are authorized
to contact entrant via email, mail, phone or any other form of media to make
contestant aware of information pertinent to the Sweepstakes, and to distribute
information regarding the Sponsor(s) featured products, discounts, special
events or promotional offers.
Contestants may opt-out of any further email communication at any time
by simply replying REMOVE to any email message, or following the provided
opt-out instructions. Any available opt-in
opportunities are not required to enter the Sweepstakes, and checking the
opt-in boxes will not improve your chances of winning.
All
entries must include all required information.
Any entry or submission with incorrect, incomplete or illegible/garbled
information, invalid or other inaccurate information will be disqualified. Released
Parties are not responsible for lost, late, misdirected, incorrect, illegible, garbled,
corrupted, inaccessible, blocked, incomplete, invalid, unintelligible, or damaged
entries, or for entries submitted in a manner that is not expressly allowed
under these Official Rules, or for any entry not submitted or received due to
any technical error or failure, human error, unauthorized human intervention,
inaccurate capture or mis-entry of any required information, failures,
omissions, interruptions, deletions, or defects of any phone or cellular phone
provider, network computer online systems, computer equipment, servers, or
software, including any injury or damage to contestant’s or any other person’s
computer or mobile device relating to or resulting from participation in this Sweepstakes;
or the failure to capture any such information or effects of hackers or failure
of any electronic equipment, computer, phone line or cellular transmissions
and/or network connections; all of which will be disqualified.
In the event
of a dispute as to any entry, registration or submission, the authorized
account holder of the Instagram account used to register or submit the entry will
be deemed to be the registrant and s/he must be eligible according to these
Official Rules. The “authorized account holder” is the natural person assigned to
the Instagram account holder (as assigned by Instagram, as the case may be) of
the account name used to post the submission.
Proof of being the authorized account holder may be required.
By registering and
submitting an entry submission, you affirm that you have read and accepted
these Official Rules. The laws of the United States apply to
and govern this Sweepstakes and any claims must be raised and resolved in the
United States; see IN CASE OF DISPUTES below.
Any information collected by registering and entering the Sweepstakes
shall be used only in a manner consistent with these Official Rules and with Sweepstakes
Administrator’s Privacy Policy. By entering the Sweepstakes, each contestant
agrees that s/he may be contacted, recorded and/or broadcasted by Sponsor, and
that his/her story submission may be used, promoted, released, broadcasted or
published by Sponsor in any manner related to the promotion or advertising of
the Sweepstakes without additional approval, authorization or any compensation.
Collection and use of information
collected in connection with the Sweepstakes will be in accordance with the
Sweepstakes Sponsor’s Privacy Policy as posted at https://www.flooranddecor.com/policies/privacy-policy.html
Additional Submission Requirements: Sponsor
reserves the right in its sole discretion, to disqualify any submission for any
reason that it considers to not be appropriate for the Sweepstakes. Submission restrictions consist of the
following requirements:
·
not
use any name, likeness, photograph/image, or any other identifying element, in
whole or in part, of any person, living or dead, without permission;
·
not
be subject to any third party agreement or require payment or incurrence of any
sums to obtain further permissions of any person or entity as a result of its
use or exploitation of the idea or rights therein or portions, or modified
versions or derivative works thereof;
·
except
as relates to the sponsoring brands or approved partners, not include
trademarks, logos, or copyrighted material not owned by Entrant or material
that is used without permission (including but not limited to company names,
photographs, works of art, or images published on any media) or that otherwise
infringes or violates the rights of any third party (including but not limited
to, copyrights, trademarks, patents, trade secrets, logos, contract and
licensing rights, rights of publicity or privacy, moral rights (i.e., “droit
morale”), or any other intellectual property rights);
·
not
feature, refer to, or mention any companies or brands in competition with
Sponsor;
·
not
be considered harmful to minors in any way;
·
not
contain description or images of nudity, inappropriate, indecent, sexually explicit,
pornographic, or obscene content, names or images (which shall be determined by
Sponsor, in its sole and absolute discretion);
·
not
contain any political or politically themed or motivated messages, statements,
or images;
·
not
defame, slander, libel, misrepresent, or contain disparaging remarks or any
other content that could adversely affect the name, reputation, or goodwill/business
reputation of Sponsor or any other individuals and/or entities affiliated or
associated with Sponsor, the Sweepstakes , or any prizes, the determination of
which shall remain in the sole discretion of Sponsor;
·
not
depict, describe or include images that may be considered unlawful, harmful,
threatening, violent, abusive, harassing, tortious, defamatory, vulgar,
libelous, invasive of another’s privacy, hateful, or racially, religiously,
ethnically or otherwise objectionable in any manner as solely determined by
Sponsor;
·
to
the extent submitted through Instagram, not adhere to the Instagram Terms of
Use (http://instagram.com/about/legal/terms),
as applicable.
Representation
and Release of Rights to Submissions: By submitting any entry, each contestant represents
that s/he has sole and exclusive ownership and proprietary rights of the submission
(and for any Instagram photo or other submission has full permission of all
parties within photo or referenced in the submission to publish and release their
names, images and actions shown within the photo/submission, as the case may be);
and agrees that each submission becomes the sole and exclusive property of
Sponsor, and Sponsor may (but is in no way obligated to) publish, display,
promote, or utilize submission in any manner of its choosing in relation to the
promotion or advertising of the Sweepstakes or Sponsor. Entry into the Sweepstakes and upload of any submission,
constitutes permission for the Sponsor and its designees to use that
contestant’s submission, entrant’s name, city and state of residence and/or
likeness for purposes of advertising and trade in any and all media now or
hereafter known worldwide in perpetuity without limitation or compensation,
notification or permission, unless prohibited by law. Receipt of submissions will not be acknowledged
by Sponsor.
Sponsor
reserves the right to request from any entrant at any time proof, in a form
acceptable to Sponsor, of any permission required or possibly required to use
such entrant’s submission and entry.
Failure to provide such proof, if requested, may disqualify such submission
and entry from the Sweepstakes.
Sponsor reserves the
right, in its sole discretion, to disqualify any individual (and all of his or
her entries) who tampers or attempts to tamper with or abuse the entry process in
any way or who is otherwise in violation of these Official Rules, as determined
by Sponsor in their sole discretion. Any
questions regarding the number of entries submitted or the authorized account
holder shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY ANY
PERSON TO DELIBERATELY 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 DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON
TO THE FULLEST EXTENT PERMITTED BY LAW.
The
Potential Winner will be notified initially by direct message to the Potential
Winner’s Instagram account beginning on or about December 5, 2018. Sponsor and Sweepstakes Administrator each
expressly disclaim any and all liability in conjunction with inability to
contact Potential Winner due to the configuration of his/her Instagram privacy
settings. With regard to Instagram, you are advised to “follow” the official Floor
and Decor account on Instagram (@flooranddecor) so that Sponsor/Sweepstakes Administrator
will be able to contact you if your submission is a Potential Winner.
If
the Sweepstakes Administrator is unsuccessful in its attempt to reach and speak
directly with a Potential Winner by phone within 48-hours of the initial
notification attempt to the Instagram account associated with that contestant’s
entry, then that contestant may be disqualified and an alternate Potential
Winner may be selected from among the remaining eligible entries via judging as
set forth above and notified as per the procedures outlined above Note: phone messages will not be left
during the prize winner notification process, to the extent applicable.
During
prize winner notification, the selected Potential Winner must confirm their eligibility,
and indicate their willingness and ability to accept the designated prize award. The Potential Winner will then receive
official notification via email delivery.
If any selected winner does not meet the eligibility requirements, or
elects to decline the prize, s/he will be disqualified and, at Sponsor’s
discretion, an alternate winner will be selected from among all remaining
eligible entries via judging as set forth above and notified as per the
procedures outlined above. Any
disqualified contestant will not receive any alternate prize substitution or
compensation of any kind. Decisions of the Sweepstakes Administrator
in the selection and determination of prize winners and all matters relating to
this Sweepstakes are final and binding.
All
of the following will apply to the prize winner: 1) Winner will be required to
complete and return, within 5 business -days of date of receipt, a prize
acceptance form, a W-9 form (if prize
value equals/exceeds $600), an affidavit of eligibility, and a
liability/publicity release (where permitted); 2) Winner may be required to
present a copy of a valid social security card and a valid driver’s license (or
other valid government issued photo ID) as a condition of participating or
receiving any prize; 3) Winner will be
issued an IRS Form 1099 reflecting the actual value of all prizes won, if prize
award value equals/exceeds $600; and 4) Winner will be responsible for paying
all applicable taxes (including, but not limited to all local, state and
federal taxes) on prize award. Failure
to collect or properly claim any prize in accordance with these rules will
result in forfeiture of the prize. If
forfeited for any reason, winner will not receive any other prize substitution
or compensation of any kind, and the prize will remain the property of Sponsor
and will not be awarded, except as provided herein.
Grand Prize – one (1)
grand prize award available: The Grand Prize winner shall receive one
(1) $2,500 Floor and Decor gift card, subject to the terms and conditions of
the Floor and Decor gift card policy (gift
card may include an expiration date, where allowed by law). Sponsor reserves the right, in its sole
discretion, to award multiple gift cards in varying denominations to satisfy
the total amount to be awarded.
All prizes
requiring delivery (“Shipped Prize(s)”) will be shipped to each Entrant who is
a confirmed winner at the address listed from their prize acceptance form. All Shipped Prizes will be delivered by U.S.
Postal Service or common carrier of Administrators choosing, and Shipped Prizes
will be deemed delivered to the winner once a Shipped Prize is delivered by
Administrator to the U.S. Postal Service or other common carrier of
Administrator’s choosing. Sponsor and
Sweepstakes Administrator will not be responsible or liable for a late,
delayed, lost, stolen, undeliverable or damaged Shipped Prizes once delivered
to the U.S. Postal Service or other common carrier, for any loss or damages
relating to delivery, use, or misuse of a Shipped Prize, or for any Entrant who
incorrectly recorded their actual address on the prize acceptance form. Please allow 4-6 weeks for delivery of
Shipped Prizes.
General
Prize Conditions: Prize must be accepted as awarded. All
other costs and expenses related to prize acceptance, delivery, redemption or
use not specified herein as being provided are the sole responsibility of
winner. All income, federal, state and local
taxes are the winner’s sole responsibility.
All prize awards are non-transferable and no cash redemption or prize
substitution allowed, except at Sponsor’s sole discretion or as provided
herein. Sponsor reserves the right to
substitute a prize with one of comparable or greater value, at its sole
discretion. All prizes are awarded as is, without
any warranty, express or implied, by Sponsor except to the extent that Sponsor
provides any express warranty on its restaurant services obtained via use of
gift card (and, in such case, the warranty shall be strictly limited to its
terms.). Failure to collect or properly
claim prize in accordance with these rules will result in forfeiture of the
prize. If forfeited for any reason,
participant will not receive any other prize substitution or compensation, and the prize will remain the property
of Sponsor and will not be awarded, except as provided herein. All properly
claimed prizes will be awarded. Any
unclaimed prizes will not be awarded. Prize
may not be awarded if an insufficient number of eligible entries are received.
Additional Rules &
Restrictions: By participating in this Sweepstakes,
entrants agree to abide by and be bound by these Official Rules and the
decisions of the Sponsor and Administrator, which shall be final and binding in
all matters relating to this Sweepstakes.
In the event an entrant wins the prize, and is later found to be in
violation of these rules he/she will be required to forfeit the prize or to
reimburse Sponsor for the stated value of the prize if such violation is
discovered after he/she has used the prize. Participation in Sweepstakes
constitutes permission for the Sponsor and its designees to use each entrant’s
name, city and state of residence and likeness for purposes of advertising and
trade in any and all media now or hereafter devised, worldwide in perpetuity,
without limitation or further compensation, notification or permission, unless
prohibited by law. False, fraudulent or
deceptive entries or acts shall render entrants ineligible for the prize and
all associated entries will be void.
By
participating, entrants agree to release and hold all Released Parties harmless
from any claims, losses, actions, or damages of any kind, whether actual,
incidental or consequential, for injury (including but not limited to death),
damages, losses or expenses arising out of or relating to entrant’s
participation in this Sweepstakes, or the acceptance, possession or use/misuse
of the prize (including any injury or harm resulting from use of the vehicle),
or participation in prize-related activities and to assume all liability
therefor. Released Parties shall not be
responsible for mechanical, technical, printing, typographical, human, or other
errors or problems relating to or in connection with the Sweepstakes,
including, without limitation, errors or problems which may occur in connection
with the administration of the Sweepstakes, the processing of entries, the
announcement of the prize or in any Sweepstakes-related materials. If for any reason this Sweepstakes (or any
portion thereof) is not capable of running as planned due to tampering,
unauthorized intervention, fraud, or any other causes which corrupt or affect
the administration, security, fairness, integrity, or proper conduct of the
Sweepstakes (or any portion thereof), Sponsor reserves the right, at its sole
discretion, to cancel, terminate, modify or suspend the Sweepstakes (or any
portion thereof). If terminated, Sponsor reserves the right, at its discretion,
to select the potential winner from among all non-suspect eligible entries
received up to time of such action.
Sponsor also reserves the right to disqualify any individual who tampers
with the entry process, who disrupts the administration or proper play of this
Sweepstakes, intends to annoy, abuse, threaten or harass any other entrant or
Sponsor or Sweepstakes representative or who is otherwise in violation of these
Official Rules and void all associated entries. Released Parties 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 actions, regulations, orders, or
requests by any governmental entity, equipment failure, terrorist acts, war,
fire, unusually severe weather, embargo, labor dispute or strike, labor or
material shortage, transportation interruption of any kind, or any other
cause.
IN CASE OF DISPUTES: By
participating, each participant agrees that (1) any and all disputes, claims,
and causes of action arising out of or in connection with this Sweepstakes, or
any prizes awarded, shall be resolved individually, without resort to any form
of class action, and any judicial proceeding shall take place in a federal or
state court within the State of Georgia; (2) any and all claims, judgments, and
awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with entering this Sweepstakes, and in no event will participant be
entitled to receive attorneys' fees or other legal costs; and (3) under no
circumstances will participant be permitted to obtain awards for, and
participant hereby waives all rights to claim, 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. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, or the rights
and obligations of participant and Sponsor in connection with this Sweepstakes,
shall be governed by, and construed in accordance with the laws of the State of
Georgia; without giving effect to any choice of law or conflict of law rules or
provisions (whether of the State of Georgia; or any other jurisdiction), that
would cause the application of the laws of any jurisdiction other than the
State of Georgia.
Official Rules & Winners List:
For a copy of these Official Rules or the name of prize winner, send a
self-addressed stamped envelope to be received by 1/30/2019 to: Get Floored Giveaway - DC, Million Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095.
PLEASE SPECIFY which you are requesting: Official Rules or Winners List.
Sponsor: The
Sweepstakes is Sponsored by Floor & Decor, 2233 Lake Park Drive, Suite 400,
Smyrna, GA 30080
Sweepstakes Administrator: The
Sweepstakes is administered by Million Dollar Media, LLC, P.O. Box 278,
Woodbridge, NJ 07095.
This Sweepstakes is not affiliated with or sponsored,
sanctioned, or endorsed by or in any way in association
with Instagram. Instagram has no liability or responsibility for any claim
arising in connection
with this Sweepstakes or any prizes awarded in connection therewith.